13/07/2022 09:50

05 judgments on disputes requiring cancellation of property auction results in Vietnam

05 judgments on disputes requiring cancellation of property auction results in Vietnam

According to the provisions of the law of Vietnam, the asset auction result may be canceled in a number of cases such as: According to the agreement between the person having the auctioned asset, the asset auction organization, and the auction winner; The asset auction service contract, the auctioned asset sale, and purchase contract has been declared invalid by the Court...

The following are 05 judgments on disputes requiring the cancellation of property auction results, for your reference.

1. Judgment 54/2020/DS-ST dated December 30, 2020 on request to cancel property auction results

+ Trial level: First instance.

+ Adjudicating body: People's Court of Hai Ba Trung district, Hanoi city.

+ Quote content: At the auction on 11/14/2018, Ms. Hoang Thi Bich N was the one to buy the auctioned property for 6,509,838,000 VND. On the same day, Ms. N signed a property purchase and sale contract and paid a deposit of 1.2 billion VND. According to the agreement at point 4.1, Article 4 of the sale and purchase contract, Ms. N must pay the remaining amount of VND 5,309,838,000 within 15 days from the end of the auction (November 14, 2018). However, it was not until December 20, 2018 that Ms. N fully paid the outstanding amount. In Document No. 2810 dated June 28, 2019, the Supreme People's Procuracy of Vietnam wrote in writing to request the enforcer to file a lawsuit to cancel the asset auction result. The reason why the executor proposed to cancel the asset auction result was: that Ms. N was late in paying the property purchase fee, so she had to cancel the auction result and confiscate the state fund of the amount Ms. N had reserved (1, 2 billion VND).

+ Settlement result: Dismissing the petition of the enforcer of the Civil Judgment Enforcement Branch of Hai Ba Trung district, about the request to cancel the result of the asset auction on November 14, 2018.

2. Judgment 47/2018/DS-PT dated May 14, 2018 on a dispute requesting cancellation of asset auction results

+ Level of trial: Appellate.

+ Judicial body: People's Court of Binh Phuoc province.

+ Quoting the content: Mr. T, Ms. T said that the Sub-Department of Civil Procedure made mistakes in the process of distraint and auction of the assets of Mr. T and Mrs. T. Because when distraint the assets of the Enforcement Sub-department, the civil court of district L has violated Articles 6 and 74 of the Law on Judgment Execution, the property granted to the household, Mr. T's mother and Mr. T's children did not receive a notice and did not know about the distraint. When selling the property, Mr. T's entire household, including his mother, his wife, his wife, and children, did not know that the Binh Phuoc Property Auction Service Center auctioned his property. Households, the Binh Phuoc Property Auction Service Center are not publicly listed at the place where the property is located.

+ Settlement result: Accepting part of the appeal requests of the defendant, District L's Civil Judgment Execution Sub-department, who has related rights and obligations, Binh Phuoc Property Auction Service Center, Mr. Vu Huy C, and accepted the Appeal No. 04/QD/KNPT-DS dated May 12, 2017 of the Procurator General of the People's Procuracy of Binh Phuoc province.

3. Judgment 71/2019/DSPT dated March 14, 2019 on request to cancel property auction results, cancel land use right certificate, and claim compensation for property damage

+ Level of trial: Appellate.

+ Judicial agency: High People's Court in Ho Chi Minh City. HCM.

+ Quote from the content: Mr. H is the auction winner of the land plot with an area of ​​​​12,451.9 m2 with the price of 62,500,000 VND. Mr. H has paid in full, received the land, carried out procedures for granting a certificate of land use rights and was granted a land use right certificate No. 1378/QSDD by the People's Committee of Phuoc Long district (former) for Mr. H. However, the above property was not managed and used by Mr. H, but has been appropriated, managed and used by Mr. L since then. The reason that Mr. L possessed and used was because of illegal activities while organizing the asset auction of the Civil Judgment Enforcement Division of Binh Phuoc Province and the Property Auction Service Center of Binh Phuoc Province.

+ Result of settlement: Accepting the petition of plaintiff Mr. Bui Van H; partially accepting the independent request of the person with related rights and obligations, Mr. Dong Khac L. Cancellation of the result of the property auction is the area of ​​12,451.9 m2 of land and the property on the land, located in village 3, Long Tan Commune, Bu Gia Map District, which Binh Phuoc Property Auction Center sold to Mr. Bui Van H on June 14, 2004.

4. Judgment 146/2019/DS-PT dated June 13, 2019 on dispute over property auction results

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Tay Ninh province.

+ Quote from the content: The contract of sale and purchase of auctioned properties No. 743/2017/HDMB-KH dated July 27, 2017, between KH Company and Ho Thanh S was established. The reason for requesting cancellation is due to the fact that the auctioned property is not the same as the actual property and is not in accordance with the law on Judgment Execution, because there is a violation of judgment enforcement procedures on putting the property up for auction.

+ Result of settlement: Not accepting the lawsuit request of the enforcer of District H's Civil Judgment Execution Sub-Department against the Client about the cancellation of the asset auction result. Maintain the results of the asset auction between CT KH and Mr. Ho Thanh S according to the auction minutes on July 27, 2017.

5. Judgment 185/2019/DS-PT dated October 8, 2019 on disputes over asset auction results and request for cancellation of individual decisions

+ Level of trial: Appellate.

+ Judicial body: High People's Court in Da Nang.

+ Quote content: On May 4, 2018, Mr. Ha H participated in the auction of land use rights at the People's Committee of Ward T3, H2 city, Quang Nam province for 10 land lots in TS block, T3 ward. city ​​H2, by Q Price and Financial Consulting Joint Stock Company, auctioned the property and Mr. H won the auction 01 land lot, plot No. 08, map sheet No. 64, T3 ward, H2 city, Quang Nam province. Until now, Mr. H has just learned that Q Financial and Price Consulting Joint Stock Company is not eligible to receive authorization to auction assets. Regulations on asset auction and unsecured asset auction operators as prescribed by law.

+ Settlement result: Accepting the claim of the plaintiff, Mr. Ha H, canceling the result of asset auction on May 4, 2018 of Financial Consulting Joint Stock Company and Q price for 01 Lot No. 08, map sheet No. 64, inward T3, H2 city, Quang Nam province.

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