Case № 8Г-556/2023
A dispute over the demolition of an unauthorized construction object — an apartment hotel building located at: —. The plaintiffs, owners of premises in an apartment building on the adjacent land plot, filed a lawsuit seeking the demolition of the apartment hotel building as an unauthorized construction, claiming the object encroached upon their land plot. By the Ruling of the Moscow City Court dated January 28, 2022, in Case No. 33-0360/2022, the plaintiffs' claims for demolition were dismissed. By the Ruling of the Second Cassation Court of General Jurisdiction dated July 5, 2022, in Case No. 8G-13392/2022, the Moscow City Court's ruling was overturned, and the case was remanded for retrial to the Moscow City Court.
By the Ruling of the Supreme Court of the Russian Federation dated December 13, 2022, No. 5-KG22-112-K2, the ruling of the Second Cassation Court of General Jurisdiction dated July 5, 2022, was overturned, and the case was remanded for a new hearing to the Second Cassation Court of General Jurisdiction. By the Ruling of the Second Cassation Court of General Jurisdiction dated February 16, 2023, the Moscow City Court's ruling dated January 28, 2022, in Case No. 33-0360/2022 dismissing the claims was upheld. Result: The appellate court's ruling to completely dismiss the lawsuit remains in full force and effect.