Subject of Dispute: Invalidation of Electronic Auction for the Sale of an Apartment Belonging to PERSON_1, and Cancellation of State Registration of Ownership for PERSON_2.
Main Arguments of the Court:
1. The court indicated that the grounds for invalidating the auction must be established specifically at the moment of their conduct, and the decision to declare the executive inscription unenforceable does not have retroactive effect.
2. At the time of the electronic auction (February 12, 2021), the executive inscription was valid, therefore, its subsequent invalidation (January 13, 2022) cannot automatically cancel the auction results.
3. The court drew attention that to invalidate the auction, it is necessary to prove a combination of circumstances: violation of conducting rules, the impact of these violations on the results, and a specific violation of an individual’s rights.
Court Decision: Revoke the resolution of the appellate court and refer the case for a new review to the appellate instance for a detailed examination of all case circumstances.
