On claims for early termination of the property lease agreement
According to subparagraph 10) of part 1 of Article 104 of the CPC, in claims for early termination of a property lease agreement, the price of the claim is determined by the aggregate of payments for the use of property for the remaining term of the agreement (contract), but not more than three years. The courts generally correctly determine the price of a claim in this category of cases. For example, the akimat of A. district filed a lawsuit to terminate the land lease agreement dated February 6, 2006 No. 90, concluded between the akimat of A. district and LLP "M", on debt collection in the amount of KZT 6,173,970 in connection with the defendant's violation of the terms of the agreement on payment of rent and use of the land plot.
On claims for early termination of the property lease agreement
When filing a claim, the plaintiff, as a state body, in accordance with paragraph 16) of Article 541 of the Tax Code, is exempt from paying state duty. By the decision of the Council of Economic Cooperation of North Kazakhstan Region dated April 26, 2017, the claim was satisfied, it was decided: to terminate the lease agreement for land No. 90 dated February 6, 2006, concluded between the akimat of A. district and LLP "M", to collect from LLP "M" a state fee in the amount of 42 151 tenge from the local budget. It follows from the case file that the lease agreement was concluded for a period of 49 years. Therefore, based on the requirements of subparagraph 10) of part 1 of Article 104 of the CPC, the court calculated the amount of the state fee as follows (468 348*3)*3% = 42 151 tenge, where 468 348 tenge is the total rental payments for the year.
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