MOSCOW REGIONAL COURT: THE DEMAND FOR PAYMENT OF INSEPARABLE IMPROVEMENTS ARISES AFTER THE TERMINATION OF THE CONTRACT

The company applied to the court with a claim for termination of purchase and sale agreements (case no. A41-101826/19). Real estate purchase and sale agreements were concluded between the plaintiff and the defendant (the company), payment for which was not received from the company to the enterprise. In addition, some of the premises were alienated by the society.

In connection with a significant violation of the contracts, the plaintiff filed a corresponding claim, and also demanded to return the disputed premises and recover the cost of the alienated premises. The Company filed a counterclaim to recover the cost of inseparable improvements.

Based on the results of the new review, the court of first instance decided to satisfy both claims and made a set-off.

The appeal did not agree with this approach, refusing to satisfy the counterclaim with reference to the bankruptcy of the plaintiff and the registry nature of the claim.

The district court sent the dispute for a new consideration, pointing out that to determine the category of payment, the date when the defendant actually made improvements to the premises will be fundamental, and therefore documents confirming the performance of such works (contracts, acceptance certificates of completed works, etc.) for the date of their signing are subject to examination by the court.

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