In 2013, the Department of Finance of the city administration of Astana and IE "Kulumbetova" signed a trust management agreement No.10 dated July 12, 2013, for premises in the Congress Hall building (restaurant premises).
In its turn, IE "Kulumbetova" transferred the premises to sublease LLP "Restokom".
The contract of trust management No.10 dated July 12, 2013 does not include transfer to sublease.
In accordance with subparagraph 1 of paragraph 1 of article 891 of the Civil Code of the Republic of Kazakhstan in connection with the death of the head of IE "Kulumbetova" and the order of the "Department of Asset Management and Public Procurement of Nur‑Sultan city" State Institution No.348/0 dated February 18,2020, the contract concluded between the Department of Finance of the city administration of Astana and IE "Kulumbetova" was terminated unilaterally.
Based on the resolution of the city administration of Nur-Sultan No.501-191 dated January 21, in order to effectively manage municipal property, the restaurant in the building of the concert hall "Astana" was transferred to the trust management of JSC "SEC "Astana" under the acceptance report of transfer dated 18 February 2020.
Based on the request of IE "Aitmagambetova," JSC "SEC "Astana" in accordance with the established procedure signed a lease agreement on February 18, 2020.
At the moment, Restocom LLP, being a sub-tenant of kulumbetova sole proprietor, with which the above-mentioned agreement was terminated, has no legal grounds to claim the above-mentioned premises.
Based on the appeal of IE "Aitmagambetov," JSC "SEC "Astana" concluded a lease agreement on February 18, 2020 in the prescribed manner.
At the moment, LLP Restokom has no legal basis to claim the above premises being a sub-tenant of IE Kulumbetova, with whom the above agreement was terminated.
