The organization, which is the tenant of the land plot at the CPD of Moscow, turned to the CG to reduce the lease payments for this plot, since its cadastral value (3.9 billion rubles) was several times higher than the market value.
The CG experts have determined the market value of the land plot in the amount of 620 million rubles and appealed to the Moscow City Court with a request to establish the cadastral value of the land plot in the amount of its market value.
During the trial, an appraisal expertise was appointed, according to which the market value of the land plot amounted to 1.98 billion rubles. The results of the judicial expertise did not meet the claims and differed significantly from the market value of the land plot.
The CG experts conducted a detailed analysis of the judicial expert conclusion, found violations of the legislation in the field of appraisal and judicial expertise activities, prepared a position to challenge the findings of the judicial expertise.
According to the results of the interrogation of the expert at the court session the CG representatives managed to convince the judge that there were irremediable violations in the conclusion of the judicial expert and the fallacy of his findings. This led to re-appointment of the judicial expertise.
After the repeated judicial expertise, the market value of the land plot was set at 647 million rubles, which fully complied with the initial requirements.
Judicial experts charged by the court to conduct an expertise to determine the market value of real estate facilities in the process of challenging the cadastral value, often have a low level of competence. This leads to an incorrect determination of the market value and, consequently, to the loss of the owner.
The opportunity to prove to the court the bias and inaccuracy of the option of the judicial expert is an effective tool to protect the rights of owners of commercial real estate.