Chongqing Branch of China Orient Asset Management Co., Ltd. v. Lerentang Investment Group Co., Ltd. and Beijing Zhongkun-Jinxiu Real Estate Development Co., Ltd. etc. (Dispute over the Enforcement Applicant’s Objection to Enforcement)—Conflict Between Priority of Compensation with Mortgaged Property and Expectant Right of Real Right
The sale of mortgaged houses is one of the typical forms of lawsuit regarding objection to enforcement. Articles 28 of the Provisions of the Enforcement Objection and Reconsideration provides that, it is under four major circumstances that the buyer can raise an objection regarding the real property registered under the name of the party against whom enforcement is sought and prevent enforcement of monetary claim. Whether the above requirements are in the specific case is the focus of the review.