Greetings. As a lawyer with 15 years of experience, I have analyzed the court decision you provided. Here is a detailed analysis:
1. **Subject of the Dispute:** Reclamation of a land plot from another’s illegal possession and cancellation of the state registration entry of the lease right concluded between other persons.
2. **Court Arguments:**
– The court established that at the time the new lease agreement with FH “Magnat 2021” was concluded, the previous lease agreement with the plaintiff (LLC “Agrofirma Kornatskykh”) had already been effectively terminated, and its state registration had been cancelled by a court decision that had entered into legal force.
– The Supreme Court emphasized that the right of lease arises from the moment of its state registration, and since the registration of the plaintiff’s right was cancelled, the plaintiff lost the legal grounds for using the plot.
– The court rejected the plaintiff’s arguments that declaring the lease right “absent” is the only effective means of protection, citing the legal position of the Grand Chamber of the Supreme Court, which allows for various means of protection depending on the circumstances of the case.
– It was emphasized that the conclusion of a new lease agreement by the owner after the cancellation of the registration of the previous lease right does not violate the rights of the previous lessee, as their right to use the property had already been terminated at that time.
– The court noted that re-evaluation of the evidence referred to by the plaintiff exceeds the powers of the cassation instance, and the appellate court had examined the circumstances of the case fully and comprehensively.
– The Supreme Court in this case referred to the legal position of the Grand Chamber of the Supreme Court dated May 13, 2026 (case No. 456/252/22), which details the application of a negatory action and the means of protecting the rights of an owner of real estate regarding which an entry about another person’s right of use has been illegally made.
3. **Court Decision:** The Supreme Court dismissed the cassation appeal of LLC “Agrofirma Kornatskykh” and left the decision of the appellate court unchanged.
