1. The subject of the dispute in this case is the termination of a land lease agreement, initiated by the owner due to the lessee’s systematic failure to pay rent.
2. The court of cassation agreed with the decision of the appellate court to close the proceedings in the case, since the lessee was declared bankrupt, and liquidation proceedings were initiated. The court took into account changes in the legislation that allow the lessee to alienate the lease right without the owner’s consent, which makes the lease right an asset that can be included in the bankrupt’s liquidation estate. Since the termination of the lease agreement will affect the bankrupt’s liquidation estate, the dispute must be considered within the framework of the bankruptcy case by the commercial court. The court also noted that although there was previously a practice of considering such disputes in civil proceedings, changes in the legislation regarding the transferability of the lease right require a different approach. The court noted that although there was previously a practice of considering such disputes in civil proceedings, changes in the legislation regarding the transferability of the lease right require a different approach.
3. The Supreme Court dismissed the cassation appeal and upheld the appellate court’s ruling, confirming that the dispute should be resolved within the framework of the bankruptcy proceedings in the commercial court.
