The High Court overturned the verdict of the Basic Court in Kotor and sent it back to that court for a new decision on the sale of 2.500 square meters of the most attractive piece of land on the very foam of the sea in Budva - the Lugovi auxiliary stadium at the entrance to the city, which is still registered in the cadastre for the defunct football club Mogren.
"The judgment of the Basic Court in Kotor is annulled and the case is returned to the court of first instance for a new decision, and the main hearing is to be held before another judge", it is written in the judgment, which "Vijesti" had access to.
The Secretariat for Property Protection of the Municipality of Budva, headed by Đorđe Zenović, contested the decision on the execution of the public executor approved by the Basic Court, which was supposed to pay 50 euros to NB from Zrenjanin on behalf of the debt owed by the former champion of Montenegro in football.
The higher court thereby confirmed that enforcement is inadmissible on property on which there is no registered right of ownership but of use.
The Departmental Secretariat contested all the decisions made by the public executors in the past few years, after numerous debtors initiated disputes in order to collect from the defunct football club, whose only property remained a piece of land in Lugovi.
Since FK Mogren, which was XNUMX% owned by the Municipality, is considered as the user of the plot, not the owner, that is, it has no property, so the Secretariat for Property Protection contested the decisions to prevent the sale of the multimillion-dollar plot.
As written in the explanation of the High Court, in September of last year, the Basic Court of Kotor rejected as unfounded the claim of the Secretariat for Property Protection, which requested that the execution determined by the decision of the public bailiff from October 2018 be declared inadmissible.
The municipality requested the disqualification of the judge in that dispute, and that the Kotor court wrongly concluded that the executive debtor FK Mogren existed as a legal entity at the time of the initiation of the enforcement procedure, i.e. the decision on the execution of the public executor.
"The decision to delete FK Mogren from the register of sports organizations of the Directorate for Youth and Sports was made on June 27, 2016, while the decision on enforcement was made on October 9, 2018, at a time when the football club did not have legal capacity. The first-instance court failed to establish the fact that the plot of land that is the subject of execution is a green area - a first-class meadow, that it is a sports facility, the stadium of the city of Budva, and therefore represents an asset in general use. Therefore, the subject of enforcement as prescribed by Article 203 of the Law on Enforcement and Security cannot be goods in general use. The enforcement debtor FK Mogren is not the owner of the cadastral plot, but the holder of the right of use, so it does not have the right of ownership (disposal), and therefore the execution is inadmissible," says the lawsuit of the Municipality of Budva, which was accepted by the High Court.
The judgment of the High Court states that the first-instance court was obliged to appreciate the facts highlighted during the procedure - the creditor should have submitted proof that FK Mogren is the owner of the property right on that cadastral plot.
"It remains unclear how FC Mogren, after being deleted from the Register of Sports Organizations, remained registered in the Register of Taxpayers, and how and if it was registered on disputed immovable properties with the right to use them, it could dispose of them as the owner of property rights. Due to all of the above, the first-instance verdict had to be annulled and the case returned to the first-instance court for a retrial," the High Court's verdict reads.
The plot, whose value on the market is now measured in millions of euros, is the property of the Municipality of Budva, but due to a combination of circumstances it remained registered to FK Mogren, which was also one hundred percent owned by the local government.
FK Mogren, based on final and enforceable decisions of the Arbitration Court of the Football Association of Montenegro and the Basic Court in Cetinje, owes its former players more than 320 euros with interest.
The former champion of the country experienced a sudden collapse, and the players, coaches and people who participated in his rise are allegedly owed a lot of money, but those claims that have now started to surface were not listed in the financial report, which was adopted in 2016 at the last assembly of the club , before it was shut down. Namely, in August 2016, an attempt was made to revive the club, an assembly was held where the debts were listed in detail, but that was the end of it. Then a debt of 4,9 million euros was presented.
Several football players threatened the Municipality to initiate criminal proceedings due to, as they stated, the illegal influence exerted by the local administration on public executors and preventing the collection of claims from the Mogren Football Club. The former management of the club, which remained indebted to numerous players and coaches, practically consciously led to the closure of the club, even though, as experts in sports events claim, half a million euros was enough to settle creditors and the club to recover and continue its work.
The stadium is the target of numerous builders and controversial businessmen
A decade and a half ago, the football club "Mogren" received almost 100.000 square meters of land as a gift from the then DPS-SDP city administration - a complex of 12.000 square meters in Lugovi and 82.000 square meters in Dubovica, on the outskirts of Budva. In Dubovica, it was then presented to the public that the construction of a stadium and accompanying sports and business facilities was planned, which was one of a series of unrealized megalomaniacal ideas.
That idea fell through after FK "Mogren" entered into an arrangement with dubious off-shore companies in 2009, behind which, according to the media, was the drug lord Darko Šarić.
FK Mogren, together with the company "Amsone enterprises Montenegro", whose founder is the Cypriot company "Amsone enterprises ltd", and the company "Nova star CG", founded a new company "Novostar investment DOO", which was registered in the Real Estate Administration 1,2, XNUMX hectares of the most attractive land in Lugovi.
After a stormy reaction from the public, as well as protests from the locals, as well as some DPS sympathizers, who accused their party colleagues of shady actions, the contract was terminated, and the largest part of the land was returned to the Municipality, while the plot of 2.500 square meters remained registered due to a combination of circumstances. at FK Mogren.
Bonus video:
