27 December 2024
For example, in case № А40-29318/2022 a company bought the building in 2014. In 2019 the building lease agreement was concluded. Parties maintained the schedule of payment and penalties for breach of contract and non-payment. Rosreestr did not register this building lease agreement, so the company did not make payments. In 2021 the new one building lease agreement was concluded and it was registered by Rosreestr. Then the renter asked for penalties in the amount of 10 million rubles for all payments since the 2014 year.
Courts refused in this penalty from 2014, they maintained the penalty only from 2019. So, the Supreme Court did not agree with such decision and found that the prior authorities should have approved liquidated damages from 2014 because the contract from 2019 year expressly provided that the company must pay for periods from 2014. The court admitted the period of limitation since the 2019, because the employer managed and appealed submit legal action for recovery the penalty in 2021.
Moreover, the Supreme Court maintained that the beginning of payments’ calculation shall be after the moment of state registration of contract. But it is important to require payments in reasonable time.
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