Analysis of the Court Decision:
1. Subject of Dispute: Termination of the land lease agreement and its return to the owner due to systematic non-payment of rent.
2. Main Arguments of the Court:
– It was established that LLC “Osmostechnology” did not pay rent during 2016-2020, with the debt amounting to 228,068.60 UAH
– The court referred to the legal position of the Grand Chamber of the Supreme Court, which determines that systematic complete non-payment of rent is grounds for contract termination
– The court took into account that the land plot is not actually used for its intended purpose and is located in the area of the anti-terrorist operation zone
3. Court Decision: Cancel previous court decisions and refer the case for a new review to the court of first instance for a detailed examination of the case circumstances.
Note: The court deviated from previous judicial practice, applying a recent legal position of the Grand Chamber of the Supreme Court regarding the interpretation of grounds for terminating land lease agreements.
