The court upheld the Rabyn site, which belonged to Smetek of H-System. The new state owns it iROZHLAS
The Prague City Court upheld the area in Rabyn in the Benešov region, which previously belonged to the founder of the tunneled company H-System, Petr Smetek. Court spokesman Adam Wenig told the court. The land was acquired in 2005 at the auction of the entrepreneur Luděk Fabinger. However, according to the court, the auction was illegal. The state now becomes the owner of the land.
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Disputes over the H-System have been going on since the late 1990s Photo: Adam Bejšovec | Source: Czech Radio
In January, the District Court for Prague 2 decided to occupy the complex. According to the Board of Appeal, it reached the correct conclusion.
“This was a criminal offense, acquired other than by transfer, specifically in an auction conducted in a manner and under the circumstances of a particular offense, namely the offense of damaging the creditor and the offense of obstructing the execution of an official decision,” said court spokesman Adam Wenig.
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The Court of Appeal only changed the grounds on which it seized the land. The Senate has used a section that allows to prevent things that are the proceeds of criminal offenders who cannot be prosecuted or convicted. Fabinger faced prosecution, but was stopped due to the statute of limitations.
According to the indictment, the property was seized by the police and was supposed to belong to the damaged clients of the tunneled H-System.
The land was auctioned for 29 million crowns, but according to estimates, the value of the area was more than 60 million crowns.
According to information from the village at the beginning of the year, part of the recreational area has been leased so far, but no one used the larger part. In particular, the main building is in poor condition. The courts have been dealing with the case since 2018. The case was assessed by the court of first instance and the court of appeal for the first time, and the case was also received by the Supreme Court.
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Smetka founded H-System in 1993, after which the company concluded contracts with hundreds of interested parties for the construction and transfer of flats and houses in the vicinity of Prague. But in the fall of 1997, it went bankrupt when it managed to complete only 34 houses.
Due to the collapse of the company, at least 1,095 people lost more than 980 million crowns. The courts sent the litter to prison for 12 years, in October 2016 he was released.
However, according to an earlier statement by the first-instance judge, the proceeds from the sale of the complex will not accrue to people who lost money in the H-System case. The judge stated that the current legislation did not allow this, as they were not damaged in this case.
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