The mayor's office of Krasnodar terminated with "Agrocomplex" them. Tkachev land lease agreement for a shop

We are talking about a site in the Prikubansky intracity district of Krasnodar along Vostochno-Kruglikovskaya Street. According to the public cadastral map, the plot area is 111 sq. meters.

According to the case file, in July 2011 the parties entered into a lease agreement for this site, according to which the company was to use the land for the construction of a store. According to the terms, the contract was valid for 10 years - until July 2021, then the document was extended until 2024.

In April 2022, employees of the Municipal Control Department of the Krasnodar Mayor's Office inspected this site and found that there was no construction on the site, it was free from buildings and structures. A building permit has not been issued here either. Then the city authorities sent an order to the company with a proposal to eliminate the identified violations, and having received no answer, they offered to release the land. 

The defendant avoided signing the land transfer agreement, in connection with which the administration filed a corresponding lawsuit in COURT , indicating that the company violated the terms of the agreement on non-use of the land in accordance with its intended purpose.

In turn, representatives of JSC firm "Agrocomplex" them. N.I. Tkacheva stated that they made rent payments in full and on time. In addition, the respondent pointed out that from 2020 to 2022, restrictive measures were introduced by decrees of the President of the Russian Federation, which caused difficulties in the implementation of the project for the construction of a store on the disputed site during this period.

Having considered the case materials, the court indicated that the defendant's argument about the duration of obtaining the relevant permits for the construction of the store arose for reasons beyond his control, was not documented.

“Having received a land plot in 2011, the tenant only 8 years later applied to the department with an application for the issuance of a town-planning plan. After the end of the period of restrictive measures until the date of adoption of this decision, 9 months have passed, but the defendant has not submitted any documents confirming the adoption of actions aimed at building the store,” the court’s decision says.

As a result, the court ruled to terminate the lease agreement for a land plot concluded between the administration of Krasnodar and JSC Agrokompleks im. N.I. Tkacheva.