Litigation surrounding the complex on Titova: the new owner cannot gain access
In Penza, proceedings continue around the property complex on German Titov Proezd, 4. A land plot of about 5 hectares with garages and parking lots located on it was occupied by LLC for more than 10 years «Motorhome».
Late last year, the city meeting included the complex in the plan privatization, this spring the municipal property department (UMP) of the administration put it up for auction for 130 million rubles, without preparing an alternative site for transport. The winner of the auction was LLC «Penza-Master». Despite the payment made and the signed transfer deed, the new owner could not gain access to the complex for several months, and now the former user, who all this time continued to occupy the site and collect sublease payments, is demanding in court that the property be seized and transferred to safekeeping.
The Arbitration Court of the Penza Region imposed interim measures on the property complex on German Titov Passage 4. We are talking about an area of about 5 hectares, 2 of which are occupied by garages and parking lots, where city public transport has been based for more than 10 years. The property was transferred to the use of «Motorhome» under a concession agreement that the legal entity entered into with the Penza administration in May 2012. The concessionaire received the right to free use of municipal property, which he leased to accommodate a fleet of urban public transport. At the same time, from «Avtodom» it was necessary to maintain the property in proper condition.
At the end of 2023, the Penza City Duma included the complex on Titova, 4 in the privatization plan for 2024, a concession agreement with «Avtodom» was terminated.
The Department of Municipal Property (UMP) of the Penza administration put buildings and land plots up for auction. «Penza-Master» submitted an application for the auction, «Avtodom» became another bidder. The winner of the auction was precisely «Penza-Master», offering just over 160 million rubles. against the initial 130 million. “Both before the start of the auction and after, calls were received, there were meetings with representatives of Avtodom LLC, the beneficiary of which is Oleg Fomin. They recommended that we refuse to participate in the auction, then to refuse to enter into an agreement, assuring us that the territory would remain theirs one way or another»,— told in «Penza-Master».
At the end of April, a purchase and sale agreement was signed between LLC «Penza-Master» and UMI. In June, UMI transferred to «Penza-Master» acceptance certificate for signing. In response, the buyer asked a management representative to meet at the site. The officials did not appear on the appointed day, but demanded that the signed transfer deed be provided by the end of the day.
«Since the area was actually occupied by «Motorhome», we were unable to get to the site. However, we signed an act of acceptance and transfer of the territory, sent it to the department and contacted the police with a request to check the legality of the former concessionaire’s presence at our facility»,— said the owner of LLC «Penza-Master» Alexey Antipov. According to him, the police refused to initiate a criminal case three times; the prosecutor’s office has already declared two of these refusals illegal. «After signing the transfer deed, we also turned to the prosecutor’s office with a request to check the inaction of the UMI in connection with the location of the «Motorhome» on our territory. The supervisory authority made a representation to the UMI, and we received a response from officials. The response stated that UMI does not know anything about the illegal occupation of the complex, but at the same time it is collecting from «Avtodom» unjust enrichment. The department explained to us that after signing the act, to which we had no comments, the issue of illegal occupation of our site by «Motorhome» — our problem»,— told «Ъ» at LLC «Penza-Master».
On the day of signing the transfer deed between UMI and «Penza-Master» «Motorhome» appealed to the Penza Regional Court with a demand to declare the privatization plan approved by the City Duma illegal. Initially, the defendant, represented by the Penza City Duma, objected to the claim. However, on the eve of the decision, the party changed its position and supported the demands in full. The administration also supported the plaintiff. The court satisfied the demands of «Avtodom», «Penza-Master» filed an appeal. Mr. Fomin was unavailable for comment. Owner and founder of LLC «Avtodom» Vladimir Kuznetsov told Kommersant that he could not comment due to poor communication. «Ъ — Middle Volga» also contacted the Municipal Property Department for clarification, but by the time of publication, officials had not provided a comment.
«The change in position may be due to the fact that government agencies often do not like to lose in the courts»,— told «Kommersant — Middle Volga» employee of the law firm «Yalilov&Partners» Elina Spichkova. «In practice, there are cases when state and municipal authorities understand that their position will not be supported by the court and, changing their position, try to correct the current situation before a decision is made»,— the lawyer suggested.
In October «Motorhome» filed another lawsuit, demanding that the agreement signed between UMI and «Penza-Master» be declared illegal. deed of transfer. The meeting is scheduled for January 20, 2025.
The disputed property complex itself is already pledged to the bank.
In «Penza-Master» added that despite the courts, regional government officials demanded that the site continue to accommodate buses and minibuses belonging to the Penza administration and carriers.
At the same time, most tenants have contracts with «Motorhome» concluded in 2024, when the legal entity was no longer either a concessionaire or a tenant of this territory. In «Penza-Master» added that at the moment they have sent out their agreements to users of the territory, some counterparties have already agreed to sign them.
Currently, the privatization of the complex on Titova, 4 is the subject of six legal disputes. As part of one of them, the judge of the Arbitration Court of the Penza Region, Valeria Udovikhina, re-imposed interim measures on the property, transferring it to the safekeeping of LLC «Avtodom». In «Penza-Master» clarified that they would appeal this decision.
«Transferring the property for safekeeping to any other person would obviously give rise to disputes between LLC «Avtodom» and this other person regarding the actual transfer, and it is unknown when and how these disputes would have ended»,— told «Ъ» partner of the law firm INTELLECT, head of the «Dispute Resolution» practice group Roman Rechkin.
The interlocutor called the cancellation of interim measures in a higher court extremely likely. «The Eleventh Arbitration Court of Appeal has already canceled the interim measures imposed on the site. The reason was that LLC «Avtodom» challenges the auction not because of violations on the part of the organizers or other participants, but because he made a profit from the property,” the expert explained. In his opinion, the appropriate interim measure in this dispute would be a ban on LLC «Penza-Master». make transactions with property.