Apply for auction of the house of the person subjected to execution

Applicant: XXXX, female, Han nationality, born on XX, XX, living in XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Tel: XXXXXXXXXXX.

Executed person: Liu XX, male, Han nationality, born on XX, XX, living in XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Tel: XXXXXXXXXXX.

Application items:

Request your institute to auction the house of the executed person Liu XX located in Room XXX, Unit X, Building X,No. XX Lane, Maojian District, Shiyan City (your institute has taken litigation preservation measures);

According to the law, it was decided to include Liu XX, the executor, in the list of untrustworthy executors.

Facts and reasons:

Applicant XXX v. Liu XX's dispute over private lending was based on the civil judgments of Maojian District People's Court (20 16)No. 1992 and (20 16)No. 165438+. In view of the fact that the person subjected to execution, Liu XX, has the corresponding performance ability and fails to fulfill the obligations specified in the effective legal documents, it should be enforced according to law and take credit disciplinary measures.

In order to safeguard the legitimate rights and interests of the applicant, according to Articles 247 and 255 of the Civil Procedure Law and Article 1, Paragraph 6 and Article 2 of the Supreme People's Court's Provisions on Publishing the List of Malicious Executed Persons, we request your institute to auction the house of the executed person Liu XX located in Room XXX, Unit X, Building XX, XX Lane, Maojian District. Shiyan City, according to the law (your hospital has taken litigation preservation measures), listed Liu XX, the person executed in this case, in the list of people who have lost their trust. I hope to support it.

I am here to convey

Maojian district people's court

Applicant: XXX

20 16 . 12 . 29

2. Can the only house of the person subjected to execution be auctioned?

Article 6 of the Provisions on the Attachment, Seizure and Freezing of Property in Civil Execution by People's Courts promulgated by the Supreme People's Court on June 5438+ 10/2005: "The people's court may seal up the residence necessary for the life of the executed person and his dependents, but may not auction, sell off or pay off debts." Laolai people who don't want to pay back the money seize this law to achieve the purpose of refusing to implement it. In fact, this is just Lao Lai's misunderstanding of the end of justice. Article 7 of the judicial interpretation also stipulates: "The court may execute houses that are not necessary for the life of the person subjected to execution and his dependents ... after ensuring the residential houses necessary for the minimum living standard of the person subjected to execution and his dependents." In fact, the purpose of protecting the only house is to protect the basic right of residence and survival of the executed person, not the property ownership. It is unfair to the applicant if the person subjected to execution lives in a luxurious and spacious house but does not pay his debts. From these two judicial interpretations, it can be seen that if the house is the only residence of the person subjected to execution and does not exceed the living area required by the minimum living standard for the person subjected to execution and his supporting family (local regulations are slightly different), the court cannot auction it.

Third, the relevant provisions

Article 20 of the Supreme People's Court's "Provisions on Several Issues Concerning People's Courts Handling Cases of Reconsideration of Objection" stipulates that the execution of monetary creditor's rights meets one of the following circumstances, and if the person subjected to execution raises an objection on the grounds that the object of execution is the residential house necessary for him and his dependent family to maintain their lives, the people's court will not support it:

(1) The person subjected to execution who has the obligation to support has other residences necessary for maintaining his life;

(two) after the execution basis comes into effect, the person subjected to execution transfers other houses under his name in order to avoid debts;

(3) The application executor provides housing for the executor and his dependent family members according to the local low-rent housing security area standard, or agrees to deduct the rent for five to eight years from the variable housing price with reference to the average rent standard in the local housing rental market.