Here is the translation of the legal analysis:
1. Subject of Dispute: Invalidation of the emphyteusis agreement and cancellation of state registration of land use rights.
2. Main Arguments of the Court:
– Emphyteusis and land lease rights cannot be simultaneously established on the same land plot.
– The plaintiff (Farm Enterprise “Agat Podillia”) did not send a notification to the lessor about the intention to extend the lease agreement, which precludes the protection of its preferential right.
– The emphyteusis agreement has a suspensive condition and does not violate the rights of the current lessee until the end of their contract term.
3. Court Decision: Reject the claim for invalidation of the emphyteusis agreement and recover court fees from the plaintiff in favor of the defendant.
Important: The court deviated from previous practice in considering similar cases, clearly explaining the conditions for protecting the lessee’s preferential right.
