Here is the analysis of the court decision:
1. Subject of the dispute: Invalidation of the lease agreement for hard surface area of 56.58 m2 and obligation to vacate the land plot.
2. Main arguments of the court:
– Lease agreement may relate to hard surface as a separate individually defined property
– There are no indisputable evidence that the agreement is simulated and conceals land plot lease
– Previous instance courts improperly investigated the circumstances of the case and did not provide a comprehensive legal assessment of evidence
3. Court decision: Cancel the decisions of previous instances and refer the case for a new consideration to the court of first instance for a complete and comprehensive investigation of circumstances.
: The Supreme Court deviated from the previous practice of considering similar cases, detailing approaches to qualification of hard surface lease agreements.
