MOSCOW, May 31 (RAPSI) – The Ninth Commercial Court of Appeals has upheld a lower court’s refusal to collect 51.8 million rubles ($784,000) from the Moscow Department of City Property in favor of Moscow - McDonald's for construction of a real estate object, according to court records.
The court therefore dismissed an appeal filed by the company against the ruling delivered by the Moscow Commercial Court on February 25.
According to McDonald’s, the company had constructed a three-store extension for the building located at Bolshoy Nikolopeskovskiy per., 15 and paid the necessary costs on its own. The construction was carried out in accordance with the regulations established by the Moscow authorities. However, earlier the Moscow Commercial Court has ruled that property rights for the constructed real estate object should go to the city of Moscow.
The court ruled that the plaintiff had not constructed a new real estate object, but merely carried out renovation and reconstruction of an existing building and extended its size without proper documents. Also, according to the court, the plaintiff failed to provide any evidence of the costs it paid for the construction of the extension. The court dismissed the report on the market value of the real estate property as evidence in the case.
In January 2015, the Supreme Court of Russian Federation refused to revise rulings of lower courts dismissing the “Moscow-McDonald’s” company’s claim for property rights to some non-residential premises in Moscow.