Appeals court prohibited transfer of land Dalzavod Sollers. Thus were deemed illegal disposal of the Department of Land Relations edge RF Ministry of Regional Development and orders the seizure of land.
Courts have found that SP Tikhonov RB is a tenant of land (street Dalzavodskaya, 2), the total area of 17301 m2 with a lease term until 30 August 2020. Lessor — The Department of Land Relations state construction supervision and control in the shared construction of Primorsky Krai.
As an entrepreneur is the owner of real estate — unloading and picking areas, access tracks, the harbor wall, located on leased land.
The Department of Land Relations Primorsky Krai of July 202012 with «Sollers-Far East» previously agreed upon location of the object «redevelopment area of the plant and 178 Dalzavod in Vladivostok» on the disputed land. Regional Development July 232012 ordered the seizure of real property for federal needs by ending the right to lease the land and repurchase facilities. Assuming that the regulations do not comply with the law and violate the rights and interests, the employer filed an application in the court of arbitration.
The Arbitration Court of Primorye from January 92013 requirements were satisfied in the invalidation of the normative acts. According to the court, the defendants and third parties are not substantiated the need for removal of the disputed land, as the reconstruction of the territory of the 178-th plant and Quay them. Crown Prince Nicholas had been completed, the official opening took place on 27 October 2012.
At the hearing LLC «Sollers-Far East» is also clarified that has long-term plans to expand engineering. However, the development of mechanical engineering is not part of the project «redevelopment area of the plant and 178 Dalzavod in Vladivostok», and therefore for this purpose shall be removed real estate and land.
Fifth Arbitration Appeal Court, having considered in the meeting of March 252013 the appeals of the Department of Land Relations Primorye, OAO «Far Eastern Center of Shipbuilding and Ship Repair» and LLC «Sollers-Far East» saw no reason to cancel the decision and upheld it, and complaints defendant and third parties — without satisfaction.