As the "Real Time", a resounding lawsuit around the residential complex Clover House in the heart of Kazan received a new development. Czech project creditor sued the guarantor of the developer with the requirement to pay 1.7 billion rubles. About that, what does this story has one of the largest Russian insurers - in the article "Real-Time".
Whether the Czechs will open a second front in Moscow
Czech "Komercni Bank", which credited the construction in Kazan signed 26-storey residential complex Clover House and now prematurely requires repayment of the project developer "Clover Group" of 22 million euros because of problems with payments, attacked the structure of "Rosgosstrakh" - "Rosgosstrakh Real Estate» . Czechs on September 29 filed a lawsuit in the Moscow Arbitration Court to the LLC "RGSN" with the requirements of 1.7 billion rubles, thus opening a second front in the Russian capital (in Kazan side suing since the summer).
Before we understand all the legal twists and turns of the conflict, you need to enter in the history of the project architectural masterpiece - a triangular trapeze"Dawn" on the site of a confectionery factory.
As told to our correspondent market participants in 2008 between JSC "Confectionery factory" Dawn "and Moscow LLC" RGS Properties "signed a contract for the sale of the land area of 1.4 hectares. According to the owner of "Dawn", the land was sold for $ 4 million. Construction began in the summer of 2008 and the beginning of the crisis Moscow developers managed to order the project to build a retaining wall and to demolish most of the old buildings. Designers in a period were the architectural "Rozhdestvenka" Office and the British part of ARUP. But it stopped during the crisis.
Salvation was the emergence of the Czechs in the spring of 2011, when in a solemn ceremony in the framework of Tatarstan-Czech business forum of "HC" Clover Group ", become the project customer, JSC" Komercni Bank "and JSC" PSY "(Czech Republic, the general contractor) signed a tripartite agreement. The residential complex was put into operation in November 2014, at the same time began and some complexity from the developer, which forced creditors fairly ponervnichat. It started Czechs judicial war helped the newspaper "Real time" to find out that the guarantor of the loan made by the "Rosgosstrakh" structure - "RGSN".
Obvious ears CSG
"RGSN" LLC stands for "Real Estate Rossgosstrah" and is associated with a certain insurance company after its founder "RGS Holdings Limited", registered in Cyprus and affiliated with "Russian state insurance company." Legal address "RGSN" is the same as that of "Rosgosstrakh - Moscow", Bolshaya Ordynka 40 d..
Source of "real time", close to the insurance market, confirmed the link "Rosgosstrakh" with companies "RGSN" and "CSG property" as well as "Clover Group" in general.
With regard to the construction of the building as a whole, he said that before the "defrost" project in 2011 came to Kazan President of "Rosgosstrakh" Danil Khachaturov, who personally inspected the building. Commenting on the project "House Clover", the interlocutor of "Real Time" said that this project "Rososstraha ".
Winter Summer wiser than
Interesting detail - when filing a claim to the "RGSN" Czechs have difficulties with payment of registration fee in connection with a statement than a week was left without movement. After representatives of the "Komercni Bank" were able to pay the fee, the court appointed a deal with the matter.
At the same except the Arbitration Procedure Code of the court in determining the featured links to such exotic instruments as the Treaty between the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Moscow, August 12, 1982 ) and the Convention on the Service abroad of judicial and extrajudicial documents acts in civil or commercial matters (signed in The Hague on November 15, 1965).
As a result, the case will be considered in June next year.
It is a good deal DDU
Along with the upcoming court in Moscow in Kazan Arbitration considered two Czechs claim to the developer LCD Clover House LLC "Megapolis" and LLC "ScherbakovskyPark ", which were then merged into one. At this time, the Czechs tried to invalidate the two contracts of a joint construction, which took place November 14 and 19 November, 2014. As the court decision, then the developer has committed a major transaction for the sale of apartments, parking spaces and commercial premises.
Under contracts equity participation between the LLC "Megapolis" and LLC "Scherbakovsky Park" a few days before delivery of the LCD 111 apartments were sold in the operation, 132 parking spaces, 95 commercial premises and two offices in the new building. After waiting for half a year and faced with disruptions in payments on the loan, June 22, "Komercni Bank" has filed a lawsuit demanding to recognize the transaction illegal, seeing it as an attempt to transfer assets.
In September, the Czechs had won the first victory - the apartments have been arrested after the intervention of the appellate court, in a few weeks with the arrest of 14 apartments, two offices and a parking space was cleared on appeal.
It was there "dolevka"
November 19, Tatarstan Arbitration held imposition solutiontions on this claim. The correspondent of "Real Time", who visited the meeting, witnessed the active debate between the parties.
In the course of the three lawyers involved, and it was not the first meeting of the three lawyers, so the judge immediately set a limit of speeches in 15 minutes (but was able to observe it with difficulty), after an hour of speeches at the meeting was interrupted by a short break.
It began proceedings with the fact that the Czechs have questioned the deal equity.
- Developers first built, put into operation in November 2014 and the house, and only then, in December and in March, concluded the equity instruments. And it concluded such agreements only with the second defendant, with all the "physicists" concluded normal contracts: before commissioning it were DDU contracts, after - sale and purchase agreements. The conclusion of these agreements is contrary to the very essence of the federal law on equity participation, which is a separate basis for recognition of the transaction null and void, - noted in his speech the representative plaintiff.
Somewhere chief accountant, and DG-That CEO
Defendants, however, countered by the fact that after all the POs have been concluded before the house is put. The complainant went on the offensive on the position of the defendant on the other hand.
- It is necessary to pay attention to the actual circumstances of affiliation, surprisingly CEO of the second defendant, the buyer (of "Scherbakovsky Park") is both the chief accountant of the first defendant - Seller (OOO "Megapolis"). We say that the motive of this transaction was to transfer assets out of a possible appeal of the creditor.
However, respondents noted that even if the parties were affiliated, it does not mean that transactions made between them - the imaginary, that the impugned transaction is not imaginary, according to the defendants, supported by the sale of apartments to third parties, as well as partial settlement between the buyer and the seller. The judge asked for this argument - whether the financial documents are available on the representative "Shcherbakovskaya Park" noted that there are acts signed reconciliation.
- We doubt, we believe that they AFFpegylated person and can sign anything - the plaintiff said.
- You represent the falsification? - Retorted the defendants together, after which the matter was closed.
"It was impossible to foresee all the Crimean history"
Defendant directly pointed out that the delay with the payment of the loan linked to the sharp rise of the euro.
- Why, in fact, "Megapolis" paused in payments: We are all aware that it was not due to the fact that "Megapolis" is bad, but it comes from the fact that the euro has grown twice as a minimum. This is a normal economic practice - try to negotiate with the bank. There's no bad faith. I would have thought it was all force majeure, it was impossible to foresee all the Crimean history.
Also in the court documents can be found that between JSC "Komercni Bank" and LLC "Megapolis" loan agreement was signed, under which the plaintiff gave the defendant a loan for the total amount of 26,861,411 euros. "During the conclusion, registration and execution of the disputed transactions the euro fluctuated in knowledgeeniyah of 63.5 rubles. for 1 euro to 84.6 rubles. Euro 1 "is added to the solution. Thus, it is possible to calculate the rise in the cost of credit from 1.7 billion to 2.27 billion rubles. The entire object at this point estimated at more than 2.5 billion rubles.
"Square" price became cheaper as the ships ...
Nevertheless, representatives of the defendant pointed out that there is no evidence of insolvency, in addition, the loan is secured twice.
- Cost of maintenance under the credit agreement is more than 4 billion rubles, even taking into account the devaluation of the ruble - it is more than twice the size of claims under the loan agreement. And if you take a course at the time of conclusion of the contract was exceeded four times. It is to the argument that the alleged deal struck with the purpose of the withdrawal of assets - said the representative of the defendant in court.
Also, the defendants assured the lender that the transaction has been concluded including to pay off debts.
- Breaking the deal, it covers the possibility of further calculation, ie Now the more difficult to sell the apartments, and each apartment aboutƈ This - its weight in gold. By interfering with this process, even through the press, and it is harmful. The Bank covers the hose through which the money go to him.
Asked by the judge whether the payments were resumed, the representative of the Czech bank replied in the negative.
Speaking of prices, in fact, the minimum cost of the "square" in the "Clover" in late October, as told to "real time" in the sales department, was 70 thousand. Although before the courts were in the field of media, there is price per square meter started with 75 thousand. Rubles. Now on the LCD website you can find more interesting action - 16 apartments at a special price - 61 thousand rubles / sq. M. m. It is hard to imagine what will happen next ...
No one is in no hurry to pay
What is interesting, not in a hurry to pay and "Rosgosstrakh Real Estate", the company was sent to the requirement, and it was not done, with the result that was followed by an appeal to the Moscow Arbitration Court.
- The cost of all other provisions barely falls short of half of the existing debt. And by "RGSN" good faith was DepLeno requirement voluntarily make a payment as a guarantor. He did not make a payment, we have to file a lawsuit against the "RGSN". We have to expand the deal, because there is a clear understanding that this is the only liquid assets, due to which the bank can count on the full repayment of its debt. This is the only builder asset, "Megapolis" has been created for the construction of the house. If we are to foreclose on the share of "Megapolis", there will be zero, - the plaintiff said.
The Arbitration Court of Tatarstan on the results of consideration of the case in the lawsuit "Komercni Bank" refused, leaving the deal in place.