The appellate magistrates in Burgas confirmed the decision of the first judicial instance, which rejected the claim for declaring a preliminary contract for a property in the Sunny Beach resort as final. This was announced by Sunny Beach AD.
The case became public in May last year when the company took action to restore possession of the land, used for years without legal basis and designated as a parking lot for the Kotva hotel. Prior to this, the company conducted a property check, geodesic survey and sent an official notice for voluntary release of the land.
BTA recalls that at the time, the owner of the hotel, Venelin Tashev, stated that he had paid part of the amount under a preliminary contract for the property and had documents for this, denying the illegal use of the land.
Today, Sunny Beach AD pointed out that in its reasoning, the court accepts that there was no valid preliminary contract between the parties to create an obligation to conclude a final deal. In addition, the legal change from 2019 is taken into account, according to which transactions with properties of public enterprises can only be carried out through a public procedure, and the claim is time-barred.
The decision confirms that the actions of the joint-stock company to protect the property are legal. Meanwhile, the land has been announced for rent through an open public procedure, and its handover for management under market conditions is forthcoming.