Rusgrad Fails to Control Yekaterinburg EXPO Buildings
27 February 2012 (09:19)
Sverdlovsk Region Arbitration Court refused to accept Rusgrad Construction Company’s claim regarding the confiscation of assets from Ural Exhibition Center, which allegedly withholds these assets illegally.
The assets in question are a number of non-residential buildings and rooms, a boiler house, and a water supply plant of Yekaterinburg EXPO Exhibition Center.
The plaintiff did some work under the terms of a controversial agreement; the general contractor and the customer later clashed over the price of the work done and the payment. The real estate that Rusgrad indicated in its claim is registered with the Unified State Register of Real Estate Property Rights. This is why the plaintiff now insists that these assets be confiscated from the unlawful possession of Ural Exhibition Center and handed over to Rusgrad Construction Company.
Now the developer claimed in court that the contested assets had been confiscated from the company’s possession against their will, since, being the contractor, the developer had the right to keep the assets until the work had been paid for, and to hand over the product to the customer later.
The court ruled that these arguments contradict the documentation provided to the court, as well as the norms of civil law. For one, the court was provided with the reports of preliminary acceptance and reports of final acceptance of a finished building, and a commissioning permit. In the end, Ural Exhibition Center was able to register its construction investor’s ownership rights over the controversial real estate assets.
The assets in question are a number of non-residential buildings and rooms, a boiler house, and a water supply plant of Yekaterinburg EXPO Exhibition Center.
The plaintiff did some work under the terms of a controversial agreement; the general contractor and the customer later clashed over the price of the work done and the payment. The real estate that Rusgrad indicated in its claim is registered with the Unified State Register of Real Estate Property Rights. This is why the plaintiff now insists that these assets be confiscated from the unlawful possession of Ural Exhibition Center and handed over to Rusgrad Construction Company.
Now the developer claimed in court that the contested assets had been confiscated from the company’s possession against their will, since, being the contractor, the developer had the right to keep the assets until the work had been paid for, and to hand over the product to the customer later.
The court ruled that these arguments contradict the documentation provided to the court, as well as the norms of civil law. For one, the court was provided with the reports of preliminary acceptance and reports of final acceptance of a finished building, and a commissioning permit. In the end, Ural Exhibition Center was able to register its construction investor’s ownership rights over the controversial real estate assets.
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