Beijing, December 5 (Shao Meng) Recently, the mobile phone number with the tail number "999999" was sold for 26145892 yuan in the judicial auction of the People's Court of Zhenjiang Economic Development Zone, Jiangsu Province, which attracted widespread attention. On the afternoon of December 5, ** learned from the People's Court of Zhenjiang Economic Development Zone that the bidder Xiao Moumou failed to pay the balance of the auction on time, and in the process of investigation and verification by the court, he clearly refused to pay the balance of the auction.
The interviewed lawyer pointed out that if the buyer regrets the auction after the auction is concluded, the deposit paid will not be refunded. The original buyer shall bear the price difference, cost loss and commission in the original auction caused by the re-auction price being lower than the original auction price. The people's court may fine or detain a buyer who maliciously raises the price in a judicial online auction and disrupts the order of the judicial auction, and if a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Mobile phone number auction details.
26.14 million "sky-high" auction in 24 hours
Court: The buyer refused to pay the balance and was fined 80,000 yuan
At 10 a.m. on November 24, the People's Court of Zhenjiang Economic Development Zone held a public auction of the mobile phone number 18611999999 held by the perpetrator of a criminal case. At 10 a.m. the next day, after 2,893 bids, the number was finally sold at a price of 26145892 yuan.
According to the bidding announcement, the starting price of the number is 100 yuan, the deposit is 20 yuan, and the bidding cycle is 1 day. The balance of the auction must be paid within 7 calendar days, i.e. December 3. **It is noted that the auction attracted a total of 720 people to sign up for the auction, and more than 50,000 onlookers. According to the confirmation of the success of the online bidding, the successful bidder is a natural person surnamed Xiao.
However, the People's Court of Zhenjiang Economic Development Zone issued a notice through its official notice on the afternoon of the 5th, saying that Xiao Moumou bid for more than 26.14 million yuan, but did not pay the balance of the auction on time. On December 3, during the investigation and verification of the court, Xiao Moumou clearly refused to pay the balance of the auction. Xiao's behavior disrupted the order of the judicial auction. In view of the fact that Xiao Moumou is now pregnant, it is not appropriate to take judicial detention measures for the time being, and the court decided to fine him 80,000 yuan. The mobile phone numbers involved in the case will be re-auctioned at a later date in accordance with the law.
According to the information on the judicial auction platform, the court entrusted to preside over the auction was Jiangsu Kuaipai Jia Network Technology*** A staff member of the company told *** that the company was indeed responsible for the auction, but they only knew that "there was this transaction" and did not know the follow-up situation. Another person who answered the call said that the specific situation needs to be asked by the court. A staff member of the People's Court Office of Zhenjiang Economic Development Zone confirmed the news to *** on the afternoon of the 5th.
Original text of the circular. **Zhenjiang Economic Development Zone People's Court***
The lawyer said that he would not refund the deposit
or bear the difference in the price of the re-auction
Regarding the possible consequences of the successful bidder's regret of the auction, Xu Hao, a lawyer at Beijing Jingshi Law Firm, said in an interview that according to Article 24 of the "Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auctions in the People's Courts", if the buyer regrets the auction after the auction is concluded, the deposit paid will not be refunded, and will be used to pay for the expenses and losses incurred in the auction, and make up for the difference between the re-auction price and the original auction price. Offset the debts of the person subject to enforcement in this case and the debts of the person subject to enforcement related to the auctioned property.
In addition, he pointed out that, according to Article 25 of the Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts, the original buyer shall bear the price difference caused by the re-auction price being lower than the original auction price, the loss of expenses and the commission in the original auction. The people's court can directly deduct it from the deposit it has prepaid. If there is any surplus of the deposit after deduction, it shall be returned to the original buyer;If the amount of the deposit is insufficient, the original buyer may be ordered to make up the amount;and where they refuse to make up the payment, it shall be enforced.
Xia Hailong, a lawyer at Shanghai Shenlun Law Firm, also told *** Generally speaking, the court will publicize clear bidding rules in judicial auctions, which are mainly verified and judged by the court. For example, it is stipulated that the original buyer shall bear the price difference and cost loss caused by the re-auction price being lower than the original auction priceIf the amount of the deposit is insufficient to make up for the price difference or cost loss of the re-auction, the original buyer shall make up the amount;If the auction is re-auctioned after regret, the original buyer shall not participate in the bidding.
The confirmation of the success of the online bidding shows that Xiao Moumou won the auction with the most ** more than 26.14 million yuan.
In this auction, such a high premium was also questioned by some netizens that someone maliciously raised the price. **It is noted that in the bidding announcement, the People's Court of Zhenjiang Economic Development Zone reminded that this auction is a criminal disposal of assets, please bid cautiously, and the people's court can fine and detain the buyer who maliciously raises the price in the judicial online auction and disrupts the order of the judicial auction, and if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law.
There have been similar cases before
The circumstances are serious or criminal responsibility is pursued
**A search on a judicial auction platform found that there were many records of mobile phone numbers with a selix number being auctioned before, but there have been no cases of bidding** being sold at the level of tens of millions. For example, in November this year, the Feicheng People's Court in Shandong Province publicly auctioned the mobile phone number of the person subject to execution with the tail number of "999999" through the judicial auction platform, and after 46 bids, the final price was 6680,000 yuan sold. In the judicial auction released by the Hengshan District People's Court in Yulin City, Shaanxi Province, the auction of mobile phone numbers with the tail number "888888" is underway, with a starting price of 480,000 yuan.
In addition, there have been cases of regret and even malicious inflation in judicial auctions before. Among them, some people were confiscated from the deposit, some were ruled to make up the difference in the price of the repentance, and some were detained by the judiciary for this.
In January 2021, the Qidong Municipal People's Court in Jiangsu Province announced a case in which the mobile phone number of the judicial auction was auctioned but regretted the auction. The bidder Huang won the right to use the mobile phone number with the most **20,240 yuan, and then because he failed to pay the balance within the specified time, the Qidong People's Court made a ruling to re-auction and confiscate the deposit of 200 yuan that Huang had paid. The court then re-auctioned the above-mentioned mobile phone number, and another bidder successfully bid for 15,040 yuan, and because the re-auction price was lower than the original auction price, the court made up the difference of 5,000 yuan in Huang's bank deposit through compulsory deduction measures.
The Intermediate People's Court of Jiangmen City, Guangdong Province, has issued a reminder that judicial auction is also a judicial act in the court's enforcement process, and refusing to pay the final payment after the auction is concluded is not only a breach of contract, but also an act of obstruction of justice. Judicial online auctions are different from ordinary online shopping, there are strict auction rules, and if you regret the auction at will, not only will the deposit be confiscated, but the bidder will also bear the corresponding legal responsibility. (ENDS).