IN THE EVENT OF BANKRUPTCY OF THE SNT, CITIZENS HAVE THE RIGHT TO EXCLUDE EQUITY PLOTS FROM THE BANKRUPTCY ESTATE

IN THE EVENT OF BANKRUPTCY OF THE SNT, CITIZENS HAVE THE RIGHT TO EXCLUDE EQUITY PLOTS FROM THE BANKRUPTCY ESTATE

IN THE EVENT OF BANKRUPTCY OF THE SNT, CITIZENS HAVE THE RIGHT TO EXCLUDE EQUITY PLOTS FROM THE BANKRUPTCY ESTATE
In the framework of the bankruptcy case (No. A56-106590/19), the applicants appealed to the court with demands for the exclusion of land plots from the bankruptcy estate of the debtor.

The courts of two instances refused to satisfy the claims, referring to the fact that the land plots are separate property of the debtor and do not belong to the common use property. The courts noted that the construction of buildings on land plots in the absence of any permit, in violation of the established procedure, is the basis for recognizing them as unauthorized buildings.

The cassation sent the dispute for a new consideration, noting that the qualifying feature of the common property of citizens engaged in gardening and gardening, including land plots, is the purpose and procedure for using the property, and not the presence or absence of capital buildings on the land.

The use of land plots by persons engaged in gardening and horticulture for common needs by placing non-capital buildings on them does not exclude the attribution of such structures and land plots to the common property of citizens.

The right of owners of land plots that are part of the territory on which garden or garden land plots that were part of the territory of the partnership are located to use common property does not depend on the preservation of their membership in the partnership, as well as on the availability of concluded contracts for the use of infrastructure intended for the common needs of owners and owners of horticultural plots.

22.11.2024