“Gorbushkin Dvor” may lose almost a third of the area by court order

Significant in the early 2000s, the complex for the sale of audio and video products “Gorbushkin Dvor” in the west of Moscow, owned since 2011 by the ex-owners of Yugra Bank Alexei and Yuri Khotin, may lose almost a third of the area. The mayor’s office of the capital managed to recognize 18 thousand square meters through the court. m unauthorized buildings, requiring their demolition. But the creditor of the facility, Rosselkhozbank, opposes it. After reducing the area of ​​the complex, the price of the asset may also decrease, which has negative consequences for the bank, on whose application the bankruptcy procedure of the owner of the facility has already begun.

On August 11, the Moscow Arbitration Court partially satisfied the claim of the city administration and the city property department (DGI) against MTZ Rubin JSC, which owns the Gorbushkin Dvor shopping center with a total area of ​​60.8 thousand square meters. m, on the demolition of unauthorized buildings, found “Kommersant” in the filing cabinet of arbitration cases. The materials indicate that the owner of the facility must demolish unauthorized buildings – 18 thousand square meters. m in the main building of the complex, part of a car wash for 1.2 thousand square meters. m and part of the parking lot for 1.3 thousand square meters. m. The court recognized the property rights of MTZ “Rubin” to these areas as absent.

Initially, the mayor’s office asked the court to completely demolish the car wash (26,000 sq. m.) and the parking lot (28,000 sq. m.), but these requirements were not satisfied.

The DGI told Kommersant that they are considering the possibility of appealing this decision. The Moscow City Hall and Gorbushkin Dvor did not respond to Kommersant’s request.

In 2011, the object was transferred to the ex-co-owners of Yugra Bank Alexei and Yuri Khotin. In 2017 Vedomosti reported that the complex was transferred to the shareholder of Pharmstandard Viktor Kharitonin. The publication called this deal nominal, since the Khotin gentlemen continued to control the shopping center. On August 23, Pharmstandard did not respond to Kommersant’s request.

In October 2022, the court introduced a monitoring procedure for MTZ Rubin at the request of the creditor of the object of the Russian Agricultural Bank (RSHB), which issued loans to the company in 2013-2014 for $ 440 million.

Now the amount of claims is 25 billion rubles, follows from the court materials. However, the market value of the object is unlikely to cover the company’s debt to the bank. Previously, experts estimated this property at 9-11 billion rubles.

On August 16, the RSHB filed an appeal against the decision of the first instance to demolish the premises on the territory of the complex, follows from the file of arbitration cases. The bank did not respond to Kommersant’s request.

The RSHB has a direct interest in satisfying financial claims, and the more space, according to Pavel Zhelnovod, a partner at Nova Inc law firm, “can be saved, the more chances the bank will have to successfully pay off the debt.” Polina Zhilkina, RETEX Managing Partner, is sure that the market value of an object will be assessed based on the development potential, and not on the area of ​​the building. In 2017, the mayor’s office allowed the construction of 383 thousand square meters on the territory of Gorbushkin Dvor and the neighboring pipe plant Filit. m of housing, of which 203 thousand square meters. m – on the site of the shopping center.

However, problems may arise with the legal liquidation of the rights to unauthorized buildings in Gorbushkin Dvor. In December 2022, the Zamoskvoretsky District Court, at the request of the Prosecutor General’s Office, imposed interim measures on dozens of structures associated with Alexei Khotin, including the Gorbushkin Dvor complex. This will not interfere with the actual demolition, but with the termination of rights to these premises, difficulties may arise, warns Pavel Zhelnovod. Due to the arrest imposed on real estate, the owner of the complex will have to go to court to update the characteristics of the object in Rosreestr, that is, to reduce the area, adds Alexander Bolomatov, partner at YUST law firm.

The tenants of Gorbushkiny Dvor, located in the premises that are to be demolished, are unlikely to be able to recover damages from the owner of the facility, the expert believes. All transactions with illegally constructed facilities are void, summarizes the head of Kuchembaev and Partners Almaz Kuchembaev: if the tenants have not entered into lease agreements, then they will not be able to receive a penalty.

Daria Andrianova, Polina Gritsenko