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The court terminated the lease agreement for a sand quarry with the Lipetsk Mortgage Corporation

The Arbitration Court of the Lipetsk region satisfied the claim of the Ministry of Property and Land Relations of the region on termination of the land lease agreement with Lipetsk Mortgage Corporation JSC

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The court terminated the lease agreement for a sand quarry with the Lipetsk Mortgage Corporation

The Arbitration Court of the Lipetsk region satisfied the claim of the Ministry of Property and Land Relations of the region to terminate the land lease agreement with Lipetsk Mortgage Corporation JSC. This was reported in the joint press service of the judicial system of the region.

The lease agreement for a 385 thousand square meters plot with the type of permitted use “for the development of a sand mining quarry” was concluded in September 2015 between the administration of the Yarlukovo village council of the Gryazin district and the society. The land is located in the Gryazin district near the Voronezh River.

In 2025, the Ministry of Ecology and Natural Resources of the Lipetsk region decided to early terminate the right to use subsoil, and the license for the extraction of building sands was canceled. The use of the land for its intended purpose became impossible, and the Ministry of Property and Land Relations sent a claim to the tenant demanding to terminate the contract and return the land. The company in response stated its intention to keep the property for itself, after which the department appealed to the court.

In respect of JSC Lipetsk Mortgage Corporation, competitive proceedings have been opened - the company undergoes bankruptcy proceedings. Objecting to the claim, the defendant referred to the fact that the lease right is included in the estate and is subject to sale at auction. However, as the court noted, the lease right cannot be considered as an asset of the debtor: the site was provided for subsoil use on the basis of a license that was terminated, and the current legislation does not allow the transfer of a license for subsoil use to third parties.

After studying the case materials and assessing the evidence presented, the court satisfied the claims in full. The lease agreement has been terminated, Lipetsk Mortgage Corporation JSC is obliged to return the land plot to the ministry under the act of acceptance and transfer.

The decision has not yet entered into force – it can be appealed to the Nineteenth Arbitration Court of Appeal within one month from the date of its adoption.

Source: Московский комсомолец ↗

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