RusBankrot
We know everything about bankruptcy
20/05/2026
Wednesday
THIS DAY IN HISTORY:
20 May 
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
20 May
1970 Vladimir Zelensky became the president of Ukraine.
1970 The proclamation of the Republic of Cuba, the evacuation of the American troops.
1970 Vasco da Gama became the first European to arrive in India, sailing around Africa.
RECOGNITION OF OWNERSHIP OF A LAND PLOT UNDER AN OBJECT OF UNFINISHED CONSTRUCTION IN THE CONTEXT OF BANKRUPTCY OF THE DEVELOPER
As part of the bankruptcy case (No. A41-47862/18), the applicant applied to the court for recognition of his ownership of the land plot on which the unfinished construction facility owned by the applicant is located.
The court of first instance, having established that the object of unfinished construction is located on a land plot, which is confirmed by an extract from the Unified State Register of Legal Entities and the applicant duly fulfilled his obligations under the contract by making full payment for the cottage and the land plot, he has the right to expect proper fulfillment of obligations under the contract by the developer, concluded that there are grounds to recognize ownership of a disputed land plot.
The Court of Appeal, having established that the disputed land plot belongs by right of ownership to a third party and is included in its bankruptcy estate during the bankruptcy proceedings against it. The court also found that the applicant's submission of the application in question in the bankruptcy case of the company is not conditioned by the existence of substantive requirements to a third party on the ownership of disputed property, and filing a claim against an improper defendant is an independent basis for refusing to satisfy the stated claims.
The cassation satisfied the application, noting that the applicant had fully and on time fulfilled his obligations under the contract by paying for the cottage and land in full, therefore, he had the right to count on proper performance of obligations on the part of the developer.
At the same time, the court of appeal, concluding that a claim had been filed against an improper defendant, did not take into account that the court's ruling established that an agreement (with additional agreements) had been concluded between the applicant and the housing and construction cooperative, the subject of which was the transfer of ownership after payment of the share contribution and completion of construction of the cottage and land plot.The total cost was a certain amount, paid by the applicant in full, and the developer was a company that provided for the construction of the house on a lease basis.
In addition, the court of appeal made an erroneous conclusion that the land plot was not included in the bankruptcy estate of the company, that there were no legal claims to it on the part of the debtor, since the court's ruling on the refusal to satisfy the application of the financial manager of a third party to exclude land plots from the bankruptcy estate in the bankruptcy case of the company by the court It is established that the bankruptcy estate of the company includes the rights of the debtor-developer to land plots (lease rights), as well as to objects of unfinished construction located on them.
Also, the court of appeal did not take into account that in the case of the insolvency of a third party, it follows from the ruling that, by refusing to approve the financial manager his regulations on the procedure, conditions and terms of sale of the debtor's property. The Court of Appeal found that on the land plots (owned by a third party) there are objects of unfinished construction owned by the developer, there are encumbrances in the form of collateral from participants in shared construction, the lease right to these land plots was included in the bankruptcy estate of the developer.
Photo: Freepik
The court of first instance, having established that the object of unfinished construction is located on a land plot, which is confirmed by an extract from the Unified State Register of Legal Entities and the applicant duly fulfilled his obligations under the contract by making full payment for the cottage and the land plot, he has the right to expect proper fulfillment of obligations under the contract by the developer, concluded that there are grounds to recognize ownership of a disputed land plot.
The Court of Appeal, having established that the disputed land plot belongs by right of ownership to a third party and is included in its bankruptcy estate during the bankruptcy proceedings against it. The court also found that the applicant's submission of the application in question in the bankruptcy case of the company is not conditioned by the existence of substantive requirements to a third party on the ownership of disputed property, and filing a claim against an improper defendant is an independent basis for refusing to satisfy the stated claims.
The cassation satisfied the application, noting that the applicant had fully and on time fulfilled his obligations under the contract by paying for the cottage and land in full, therefore, he had the right to count on proper performance of obligations on the part of the developer.
At the same time, the court of appeal, concluding that a claim had been filed against an improper defendant, did not take into account that the court's ruling established that an agreement (with additional agreements) had been concluded between the applicant and the housing and construction cooperative, the subject of which was the transfer of ownership after payment of the share contribution and completion of construction of the cottage and land plot.The total cost was a certain amount, paid by the applicant in full, and the developer was a company that provided for the construction of the house on a lease basis.
In addition, the court of appeal made an erroneous conclusion that the land plot was not included in the bankruptcy estate of the company, that there were no legal claims to it on the part of the debtor, since the court's ruling on the refusal to satisfy the application of the financial manager of a third party to exclude land plots from the bankruptcy estate in the bankruptcy case of the company by the court It is established that the bankruptcy estate of the company includes the rights of the debtor-developer to land plots (lease rights), as well as to objects of unfinished construction located on them.
Also, the court of appeal did not take into account that in the case of the insolvency of a third party, it follows from the ruling that, by refusing to approve the financial manager his regulations on the procedure, conditions and terms of sale of the debtor's property. The Court of Appeal found that on the land plots (owned by a third party) there are objects of unfinished construction owned by the developer, there are encumbrances in the form of collateral from participants in shared construction, the lease right to these land plots was included in the bankruptcy estate of the developer.
Photo: Freepik
19.05.2026
