Businessmen from Rostov and Sochi simultaneously divide and sell “Khostinskaya matsesta”

Luxury seaside resort

The Khostinskaya Matsesta balneological center, popular in the USSR, located 200 meters from the Black Sea beach, is divided in court between a developer from Rostov, private individuals and its former owner, a businessman from Sochi. The LLC of the same name owns buildings built in Soviet times that require renovation, the area of ​​which exceeds 6.8 thousand square meters. m, and since 2015 has entered into a lease agreement for 1.8 hectares of land in Sochi until 2064.

• The complex includes a medical department, a sanitary department with 27 bathrooms, a physiotherapy department, a physiotherapy room, an 18-meter three-lane swimming pool, a sauna, a cafeteria and a mineral water bottling plant, in addition to buildings of rehabilitation. .

Despite its attractive location, the resort for a long time had nothing to offer tourists. In the visitors’ reviews, they wrote that only a swimming pool and a sauna, sometimes a cafe, operate on the territory of the large complex, that the building is deteriorating, and the famous Matsesta spring in the USSR is inaccessible.

The resort continued to operate as a swimming pool until the coronavirus pandemic, and in 2021, when a stream of tourists flocked to the Black Sea resorts and the borders were closed, the owner, who at the time was Atsamaz Lalievdecided to turn the Soviet heritage into an elite spa resort “Vozrozhdenie” and sell apartments on its territory to those who wish.

Videos of real estate agents appeared on the Internet showing renovation work being carried out inside Soviet buildings; rooms with bathroom were converted into luxury apartments at a price of 280,000 to 300,000 rubles per square meter. m, and the area around it is completely flat, which is rare in Sochi. It was planned to use the proceeds from the sale to continue repairs. An elite medical center was supposed to appear next to the apartments.

True, clients were offered to purchase future apartments under preliminary purchase and sale agreements. A real estate agent involved in the project told RB.RU that there were transactions, but another market participant noted that in the end it was not possible to implement the project.

I sold and changed my mind.

In 2022, Atsamaz Laliev decided to sell his creation completely. The first buyer of a 90% stake in Khostinskaya Matsesta LLC was Sevak Ghazaryan, who paid 50 million rubles for him. Laliev gave another 10% to Inga Gobozova. Soon Kazaryan decided to divide his share and sold 45% of the company SZ Galaktika LLC, which he owns. former deputy of the Legislative Assembly of the Rostov region Harutyun Surmalyan (The LLC built 285 thousand square meters of housing).

True, the buyers did not remain the owners of the building, the cost of which, according to the purchase and sale agreement, was equivalent to the price of five one-room apartments in Sochi.

In 2024, some Sergey Kinosyan appealed to the court with a demand to declare the purchase and sale transactions invalid. The application was submitted to the Akhmatovsky District Court of Grozny, which decided, by absentee decision marked “for immediate execution”, to transfer the LLC to the previous owner, recognizing all previous transactions as void. The court’s decision was not published.

It is also not known who Kinosyan is, but a person with a similar name in the Unified State Register of Legal Entities is listed as the founder of Sochi-Invest. In 2022, the FSSP could not recover 168 million rubles from his company under the 2015 execution order and returned them to the plaintiff with the phrase “it is impossible to find the debtor or his property.”

judicial incident

Laliev, on the basis of a judicial act of the Grozny court, went to the tax office and made changes to the registry, remaining the sole owner, thus returning the company. In the future he could appoint a new director of the LLC, who would have the authority to sell the property, RB.RU explained. director of the law firm “Eclecs” Artem Shvaika.

This is probably what Laliev planned to do. Even advertisements about the sale of the complex appeared on the Internet, but for 350 million rubles, 7 times more expensive than two years ago. One of the market participants explained to the publication’s journalist that for the Sochi real estate market it is “normal practice” to include an undervalued value of objects in the purchase and sale contract, so it is not a fact that the first buyer has paid less.

According to Artem Shvaik, the sanatorium case is a clear example of multiple rapes. For example, it seems strange that the case is being heard by a district court and not by an arbitration court. The lawyer is confident that in such cases the court, at the stage of accepting the application, will see an abuse and may refuse to initiate judicial proceedings in the case. According to art. 225.1 of the Arbitration Procedure Code of the Russian Federation, corporate disputes must be considered in an arbitration court. The lawyer believes that the district court did not have the authority to review such a case in its entirety.

It also raises doubts that the case was heard by a court located in Grozny, while the parties involved are registered in other regions, it is also surprising that the decision was in absentia;

According to the lawyer, when the case began to become public, the Akhmatovsky District Court of Grozny annulled his default judgment and sent him for a new trial to the Arbitration Court of the Krasnodar Territory, which again defended the seller. The court refused to introduce provisional measures and prevent the new sale of the balneological center.

The buyers who were left without properties appealed this decision and, however, on May 21 the court issued a writ of execution, limiting the alienation of the property. Kinosyan and Laliev rejected new claims, but the judicial process continues.

“I totally agree with the court’s decision; There are many legal violations in the case. I suppose that the defendants have every chance of winning the case and recovering their legal actions in the company,” the lawyer stated.

Why do entrepreneurs need Khostinskaya Matsesta LLC?

Khostinskaya Matsesta LLC owns the buildings of the Soviet balneological center at Oktyabrya, 4, with an area of ​​6.8 thousand square meters. m and a cadastral value of 429 million rubles, follows from the judicial materials. As RB.RU managed to find out, the company entered into a lease agreement with the Sochi administration for a land plot on the seashore with an area of ​​1.8 hectares with an annual fee of just over 4 million rubles until 2064. . Announcements for the sale of apartments on the territory of the balneological complex are still published online; The price per square meter that appears in advertisements reaches 600 thousand rubles.

RB.RU I contacted the apartment sellers, but they did not answer the journalist’s questions and promised that “a lawyer would call the editorial office.” On the website for the sale of apartments in building A you can find representations of the future SPA center.

AK Vozrozhdenie is positioned as a business class hotel with a swimming pool, fountain, parking lot, water park and a modern health and wellness complex, as well as a management company with a trust management function to generate rental income. Sellers promise to register on Rosreestr, reservations are open. The cost of renovated apartments starts from 10 million rubles.

According expert in real estate investments in southern Russia Evgeniy TkachevBuying apartments in this complex still seems like a risky venture.

“The investment property is located on leased land, there is a possibility that early termination of the lease agreement will be requested, which is a ‘normal situation’ for Sochi,” Tkachev explained.

According to the expert, the sale of objects under a preliminary contract is another type of quite risky real estate purchase. The expert also doubts the return on investment. According to his estimates, the planned occupancy of 62-63% of the complex during the year is an unlikely figure, since the complex attracts tourists only in the summer season.

“The profitability indicators of the financial model are overestimated. It is unlikely that the profitability promised by the promoter will be met,” said the expert.

It is possible that the Rostov developer, SZ Galaktika, has other plans for the development of the resort. Parties in conflict on request RB.RU There was no response at the time of publication.

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