Defending the interests of a large retail-company (more than 17 000 stores) in a precedent-setting dispute with the Federal Registration Service related to the refusal of state registration of the lease agreement
#Dispute resolution #Real estate and construction

Defending the interests of a large retail-company (more than 17 000 stores) in a precedent-setting dispute with the Federal Registration Service related to the refusal of state registration of the lease agreement

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Denis Kosenkov
Partner
Aleksander Bayev
Counsel

Defending the interests of a large retail-company (more than 17 000 stores) in a precedent-setting dispute with the Federal Registration Service related to the refusal of state registration of the lease agreement

The Office of the Federal Registration Service refused state registration of the lease agreement for the premises where the Client's new store was located. The reason was the absence of consent of the common house property owners. The lawyers of the firm entered the case at the stage of cassation appeal to the Arbitrazh Court of the Moscow District and proved that the common house property was not the subject of the disputed lease agreement (neither the facade of the house nor the land plot adjacent to the house was the subject of the lease agreement submitted for registration), therefore the decision of the state authority was illegal. As a result, the lawyers managed to get a prominent win in the cassation instance against a state authority and strengthen the position during the new trial in the first and appeal instances.

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