First of all, according to the relevant provisions of the Supreme Court, the buyer has the right to ask the original owner to vacate the house after obtaining the ownership of the auction property. If the original owner refuses to vacate the house, the buyer may apply to the court for compulsory execution. After receiving the application, the court will take compulsory measures against the original house owner who refuses to vacate, including but not limited to sealing up, distraining and auctioning his property, so as to urge him to fulfill his obligation to vacate.
Secondly, the Supreme Court also stipulated the punishment measures for maliciously encroaching on auction property. The court will investigate the legal responsibility of the relevant personnel for intentional destruction of auction property and malicious arrears of housing occupation fees, and may impose fines, detention and other penalties on them.
In addition, the Supreme Court also emphasized the supervision responsibility of the court in the process of judicial auction. The court should strengthen the examination of the auction property to ensure the legality and fairness of the auction. At the same time, the court should actively coordinate all parties to promote the smooth progress of resignation and reduce the occurrence of disputes and contradictions.
To sum up:
The Supreme People's Court stipulates that the buyer has the right to ask the original owner to vacate the house after obtaining the ownership of the auction house. For those who refuse to vacate, the court will take compulsory measures and investigate the legal responsibility of the relevant personnel. At the same time, the court should perform its supervisory duties in the process of judicial auction, ensure the legality and fairness of the auction, and promote the smooth progress of the resignation work.
Legal basis:
Provisions of the Supreme People's Court on Auction and Sale of Civil Execution Property by People's Courts
Article 30 provides that:
After the people's court has ruled that the auction is completed or the auction property is used to pay off debts, it shall hand over the auction property to the buyer or assignee within 15 days after the ruling is served, unless it cannot be handed over according to law. If the person subjected to execution or a third party refuses to hand over the auction property, it shall be enforced.
People's Republic of China (PRC) Civil Procedure Law
Article 250 provides that:
If the person is forced to move out of the house or land, the dean will issue a notice and order the person subjected to execution to perform within a time limit. If the person subjected to execution fails to perform within the time limit, it shall be enforced by the executor. At the time of compulsory execution, if the person subjected to execution is a citizen, the person subjected to execution or his adult family members shall be notified to be present; If the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization where the house or land is located shall send people to participate. The person subjected to execution shall record the execution in a record, which shall be signed or sealed by the person present. The property forcibly removed from the house shall be sent to the designated place by the people's court and handed over to the person subjected to execution. If the person subjected to execution is a citizen, he may also give it to his adult family members. The losses caused by the refusal shall be borne by the person subjected to execution.