The team of the law company YUKO defended the interests of the client in the courts of the first, appeal and cassation instances against the Department of City Property of the Moscow Government. The dispute concerned the recognition of a building in Moscow as an invalid building with subsequent demolition.
The Moscow government asked the court to recognize the fitness center and office premises of the principals as an illegal construction and to demolish the building. In support of their claims, the plaintiffs pointed out that the building was erected (reconstructed) in the absence of permits, there was no acceptance certificate and commissioning certificate.
In the first instance, the demands to recognize the disputed object as an unauthorized construction and its demolition were denied. The court did not find legal grounds for satisfying the requirements to recognize the defendant’s registered ownership of the disputed object as absent and the obligation to vacate the land plot from the illegally erected object. The appellate and cassation instance upheld the decision of the court of first instance. The plaintiff did not file a complaint with the Supreme Court.
Thus, all the requirements of the Department of Property were left without satisfaction, the fitness center and the premises in it remained in the ownership of the principals.