2024-10-04 10:30:00
The Civil Chamber of the Supreme Court has condemned the Municipality of Getafe (Madrid) to pay to Loreto Mutua, Social Security Mutuality, the amount of 10,474,723.71 euros, plus its legal interest from 13 May 2010, as compensation for damages resulting from the violation of a land exchange contract stipulated in 2003.
The Court of Cassation accepted the appeal of the aforementioned cooperative company, which acquired the building rights deriving from agreements and exchange contracts between various owners in 2006, and raised the amount of compensation to 10.4 million, set at 4, 4 million. in 2017 by the Court of First Instance of Getafe, the amount confirmed in 2019 by the Court of Madrid.
The Supreme Court concludes that the appraisal of the land carried out on 22 December 2009 must be followed up, with validity of six months, i.e. until 22 June 2010 (within the period in which the square meters exchanged), by the company Gestión de Valores y Tasaciones , SA (GESVALT), registered in the Register of Valuation Companies of the Bank of Spain, and which determines that the value of the 12,126 square meters in the Perales del Río neighborhood that the Municipality had to deliver was 10,474,723.71 euros.
The first instance sentence, which otherwise stands, declared the exchange contracts contained in the public documents of 13 May 2005, which concern the parties to the present proceedings, terminated due to failure of the City Council to fulfill the obligation to deliver the building permit clerk.
The exchange originated in the City Council’s plan to install a golf course on land whose owners agreed to cede land and development for residential use in a future Urban Development Action Plan to be implemented in the Perales del Río neighborhood .
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