Vasil Kisil & Partners has successfully represented construction-company Rele for the second time in a dispute with the Kiev City Council involving the premature termination of a 49-year land lease agreement.
According to VKP, “both the Court of Appeals and the Cassation Court acknowledged that, after finishing the construction and commissioning of the building, a good-faith lessee of the land plot leased out for construction and maintenance of that building is entitled to rescind the land lease agreement. In view that the title to the premises in the building constructed by the lessee and the right to use the land plot has passed to the new owners of the premises in the building, the courts have arrived at the conclusion that the long-term land lease agreement must be prematurely terminated."
Thus, the Court rules, the construction company is not obliged to pay the rent for another 30 years for a land plot that it is no longer using.
The VKP team included Partner Oleg Kachmar, Senior Associate Yuriy Kolos, and Associate Oleksandra Bortman.
