SETAM is again waiting for payment for the building of the hotel of the Military Nikolsky Monastery in Kyiv
On 30.04.2021, the building of the hotel of the Military Nikolsky Monastery, located at 11 I. Mazepa Street, was sold on OpenMarket. The winner of the auction was the perfom Standard Company. According to the electronic auction protocol for Lot No. 464865, taking into account the remuneration of the auction organizer, the winner is obliged to pay more than UAH 307 million by May 19, 2021. However, representatives of perfom standard LLC could not make a timely payment for the purchased property. The winning company became a participant in a legal scandal, during which a real struggle broke out for Lot No. 464865 and an attempt was initiated to disrupt the auction by aggressive lawyers of the debtor Owner LLC «3B Realty» and lawyers of FC «Fintact» – a participant in the auction dated 30.04.2021 under No. 15.
Chronology of legal news:
On 17.05.2021, the Kyiv Economic Court issued a decision in case No. 910/7673/21 and partially satisfied the requirements of FC “Fintact”, as a result of which the sale of the property complex at 11 I. Mazepa Street was suspended.
18.05.2021 by order of a private contractor acting within the framework of the law, SE “Setam” froze trading for Lot No. 464865 dated 30.04.2021.
01.07.2021 the Northern Economic Court of Appeal granted the appeal of a private contractor against the decision of the Economic Court of Kyiv of 17.05.2021 in case No. 910/7673/21 and canceled the decision of the Economic Court of Kyiv of 17.05.2021.
The requirements of FC ”Fintact” were refused.
On 14.07.2021, the private contractor resumed the recovery process in the framework of enforcement proceedings No. 63951504. However, later on 14.07.2021, he issued a decision to postpone enforcement actions, having received a letter to the official e-mail address from the lawyer of “3B Realty” Logvinenko O. S. with a scanned copy of the decision of the Holosiivsky District Court of Kyiv in case No. 752/9775/21 of 17.05.2021 in criminal proceedings No. 12021100010000920 of 16.04.2021.
The court found it necessary to seize the property complex located at the address: 11 I. Mazepa STR., Kyiv, as well as to prohibit any persons and enterprises from alienating or foreclosing on this property.
In addition, the court forbade SE “SETAM”, a private contractor and/or other persons, the winners/winner of the auction: to change the lot number, perform any actions aimed at holding auctions, issuing auction results (auctions), drawing up/signing/sending auction protocols, as well as making payment/settlement for Lot No. 464865.
On 20.08.2021, the Holosiivsky District Court of Kyiv granted the request of the liquidator of PrJSC “Rosava” and canceled the arrest imposed by the decision of the investigating judge of the Holosiivsky District Court of Kyiv in case No. 752/9775/21 of 17.05.2021.
25.08.2021 the OpenMarket service officially resumed the sale of the building of the hotel of the Military Nikolsky Monastery at 11 I. Mazepa Street. Payment for Lot No. 464865 on “Setam” is expected until September 7, 2021 inclusive.