The case of challenging transactions with land plots in the amount of more than 150 million rubles ended with the victory of Exiora Law Firm

Since 2019, the team of lawyers of Exiora Law Firm has been supporting the case of disputing transactions for the sale of two land plots on Rublevo-Uspenskoye Highway. The buyers purchased them in 2015 and paid in full, but later, as part of case №A41-36167/2017 on the bankruptcy of the seller Stroyinnovation LLC, the bankruptcy receiver initiated a process to challenge the concluded transactions.

The defendants were charged an amount in excess of 150 million rubles, on the grounds provided for in Art. 10, 168 of the Civil Code of the Russian Federation, paragraphs 1, 2, art. 61.2 of the Bankruptcy Law.

The consideration of the case was complicated by the fact that the sale and purchase of each land plot was structured through the conclusion of two interconnected transactions: the direct sale and purchase agreement for the land plot, under which a smaller amount passed, and the agreement on the engineering support of the plot, under which, in turn, payment was made on a much larger scale.

Thus, formally it turned out that the land plot was not purchased at the market price, although in reality it was paid. At the same time, the requirements for the defendants were formulated in such a way that these issues were outside the scope of the dispute. In view of this, our team initiated a number of parallel cases in the court of general jurisdiction and the arbitration court, as well as counterclaims.

Nevertheless, the court of first instance satisfied the application of the bankruptcy receiver, but in the court of appeal, the lawyers of Exiora Law Firm provided sufficient arguments and grounds why the court ruling regarding the recognition of the sale and purchase agreement as invalid should be recognized as illegal, unreasonable and subject to cancellation.

Our team has proven that the disputed transactions were not made with the intent to harm the creditors, the payment was made in full, and the buyers are not interested parties in relation to the debtor.

The Arbitration Court of the Moscow District left the decision of the Tenth Arbitration Court of Appeal in force.

The struggle of several years ended in victory!