Subject of Dispute: Invalidation of Electronic Auction for Apartment Sale and Recovery of Property from Unlawful Possession.
The court was guided by the following arguments: 1) The mere fact of improper notification of the debtor about the auction cannot be grounds for declaring it invalid – it is necessary to prove that the rights of the owner were violated by such auction; 2) Sale of property at an undervalued price may be grounds for declaring the auction invalid, but this must be proven by appropriate evidence (expert review of the valuation report); 3) The issue of the good faith of the property acquirer at the auction must be assessed separately in each specific case.
The Supreme Court reversed the decisions of the previous instances and referred the case for a new hearing to the court of first instance, as the courts did not establish all circumstances significant for the correct resolution of the case.
