A company engaged in the leasing of commercial buildings and premises

The client needed legal assistance due to the counterparty (tenant) evading the fulfillment of obligations under the lease agreement. Despite the decision made by the arbitration court, the tenant continued evading the payment of the debt. During the enforcement proceedings, the amount of the debt was also not recovered in full.
​
In order to further protect the interests of the client, a claim was filed against the founders of the debtor (its beneficial owners) for bringing them to subsidiary liability.
Since the founders of the debtor include one legal entity and two individuals, the question arose with the justification of the jurisdiction of the case (the case is referred to the court of general jurisdiction).
​
During the process, it turned out that on the eve of the court’s decision to collect the debt from the tenant, two of the founders (individuals) sold their share of the institution’s property to a third founder (a legal entity). These actions were aimed at evading liability for the legal entity they created and controlled, since in connection with such a sale of property they are trying to avoid being held subsidiarily liable. In this regard, during the process, among other things, we must prove that such act is unfair and aimed at circumventing the law. The case is also complicated by the fact that uniform judicial practice in this category of cases by courts of general jurisdiction has not yet been sufficiently formed.

5 million rubles