The rented premises were sold at auction at the end of the month. The tenant demanded that the manager return the money, since he transferred it to the original bankrupt owner. The authorities collected from him only a part for the last days of the month. In the complaint, the manager insists that he did not receive the funds and is not responsible for them. Since December 9, 2022, the Sfera shopping center leased premises to the Investments, Real Estate, Finance and Law (INFP) company. Subsequently, the ownership right passed from the shopping center to Zapadny Bank. The latter was already in a state of bankruptcy (case No. A40-74809/2014). As part of the procedure, an auction was held on March 3, 2023. Amadeus bought the rented premises. As INFP indicated, it was on that day that it received a letter from the Deposit Insurance Agency stating that the owner had changed and that the bank had replaced Sfera. In this regard, the tenant transferred the payment for March in the amount of 230,000 rubles to the details specified in the agency's letter.
When INFP learned about the transfer of ownership to the next owner, it filed a lawsuit to recover money from the bank. The DIA insisted that it was an improper defendant. It only performs the functions of the head of the credit institution, into whose ownership the bank's assets did not transfer. In turn, Amadeus pointed out in its response that the plaintiff's claims were unfounded. At the time of payment of the rent, the bank was still considered the owner of the premises. The latter subsequently did not transfer this payment to the new owner.
The courts partially satisfied the claim. They came to the conclusion that the ownership was officially transferred to Amadeus on March 22, 2023. The DIA must return 74,000 rubles (part for the remaining month).
The agency agreed with their opinion and filed a cassation appeal to the Supreme Court. It stated that it manages the bank's property separately. The DIA simultaneously acts as a bankruptcy trustee and an operator of the credit institution's account. The tenant's money was received and therefore immediately entered into the bankruptcy estate. The plaintiff did not make payments to the DIA's account.
The Economic Collegium will evaluate the applicant's arguments on April 24. The complaint was referred for consideration by Supreme Court Judge Ivan Razumov.
