News date: 24 October 2024
The Commercial Cassation Court within the Supreme Court has ruled in favor of Sunward Kyiv LLC, the manufacturing company, in a legal dispute with Transelektromontazhbud LLC regarding the invalidation and cancellation of the Kyiv City Council decision regarding recognition of title to the 2.8 hectares of land leased in the Darnytskyi district of Kyiv.
As of 2020, the case has been pending in the courts, including three times at the Supreme Court level.
The case concerned title to a disputed land plot. The plot contains the real estate of Sunward Kyiv LLC, a company that manufactures metal structures and roofing materials.
In 2020, Transelektromontazhbud LLC filed a claim against Kyiv City Council to invalidate and cancel the termination decision on the lease agreement, as well as to recognize Transelektromontazhbud’s title to register the lease for the nonresidential, workshop, and storage buildings within its limits. Sunward Kyiv LLC could lose access and use of its own real estate if the specified claims were satisfied. Another party could utilize the land within the client’s real estate.
With the coordinated efforts of Ilyashev & Partners’ team, a well-founded and comprehensive client protection strategy, it was repeatedly proven in courts that Sunward Kyiv LLC had legally acquired title to the real estate within the land plot, while Tranelectromontazhbud LLC is not a land user of any land plot, even though the rights for its use are duly formalized. None of the latter’s rights have been violated, therefore the claimant’s claims are recognised as groundless.
During the last hearing of the case on 16 October 2024, the Supreme Court resolved the legal dispute: the court once again accepted the legal position of Ilyashev & Partners’ attorneys and upheld the judgment of the first instance court, rejecting the opponents’ claim in full. The Supreme Court’s decision is final and not appealable.
Ilyashev & Partners Law Firm represented Sunward Kyiv LLC at all stages of litigation up to the Supreme Court.
Dmytro Hrybov, Ilyashev & Partners’ Counsel, Head of Real Estate & Construction, and Dmytro Hruba, Attorney at Law, handled the case.