An entrepreneur from Solnechnogorsk city district defended his rights and legitimate interests by contacting the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, Vladimir Golovnev.

Two entrepreneurs have concluded an agreement between themselves on the transfer of rights and obligations under a lease agreement (loan) of a land plot located in the Solnechnogorsk city district of the Moscow Region. In accordance with the contract, all rights and obligations, including debt obligations, were transferred to the new tenant.

The administration of the Solnechnogorsk city district filed a lawsuit, believing that the contract on the transfer of rights regarding the transfer of debt is invalid. And then the entrepreneur turned for protection of his rights and legitimate interests to the Business Ombudsman of the Moscow Region Vladimir Golovnev and to the court.

The Arbitration Court of the Moscow Region engaged the Commissioner to participate in the case as a third party.

The court found that the new tenant of the land plot faithfully fulfills the obligations assumed to pay the debts of the former tenant and regularly pays the rent.

It also follows from the case materials that the transaction on assignment of rights and obligations under the land lease agreement was approved by the administration, including in terms of the transfer of the obligation to repay the debt available under the lease agreement, although the administration denied this fact in court.

Since the company submitted documents confirming the proper fulfillment of obligations under the lease agreement, the Arbitration Court took the side of the entrepreneur. The Tenth Arbitration Court of Appeal upheld the decision.