27 december 2015

In December 2015 Jus Aureum achieved a victory in disputes on establishing a cadastral value, collecting tortious damages and adjudgment of unjustified enrichment

  • On 14 December 2014 the Ninth Arbitrazh Appellate Court refused to grant the appellate complaint of UK Sodruzhestvo LLC against the decision of the Arbitrazh Court of the city of Moscow in case No. А40-29304/2015, by which UK Sodruzhestvo LLC was refused recovery of unjust enrichment from Giproplast Engineering CJSC in the form of the purchase price of real estate alienated under an invalid sale/purchase agreement.

Since 2013, lawyers from Jus Aureum have been successfully representing the interests of Giproplast Engineering CJSC in a range of disputes associated with protection of the company's rights to the immovable property belonging to it and restoration of corporate control over the company (cases: No. А40-105571/2012; No. А40-134925/2014; No. А40-122315/2014; No. А40-139187/2015).

  • On 15 December 2015, the Moscow Regional Court pronounced a decision in case No. М-207/2015 (3-413/15), by which the application of Sovinteravtoservis PJSC was granted, challenging the results of the ruling on the cadastral value of a land plot. The cadastral value of the land plot belonging to the company having an area of 165,100 m² was established at an amount equal to its market value.

In the light of the topical nature of the disputes on establishing cadastral value, the positive decision in the case of Sovinteravtoservis PJSC is of key significance in the Office's current judicial practice. Work on the case was led by senior associate Nikita Shcherbakov with the assistance of associate Sergey Kartoshkin. The work was coordinated by senior partner Vadim Maklakov.

  • On 15 December 2015, the Arbitrazh Court of the Central District (city of Kaluga) handed down a resolution in case No. А09-751/2015,  by which the court refused to grant the cassation appeal of Vector Group LLC, attempting to bring JSC Megapolis Trading Company to civil-legal liability in the form of losses for an amount greater than 24 million rubles. In this manner, the Office insured the achievement of a positive result for JSC Megapolis Trading Company in the course of the three main instances.