Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022
Case Judgement Opinions Summary:
The lessor leases the land to the lessee. When the land is enforced, the outsider claims that the lessee sublets the land to the lessee, and that the lessee has built buildings on the land and has legal rights and interests sufficient to exclude the enforcement, the outsider can enforce the right to claim the objection. The people's court should not only safeguard the legitimate rights of the sub-lessee in accordance with the law, but also prevent its abuse of the lawsuit of the execution objection filed by the non-litigants, which hinders the normal progress of the enforcement procedure. Whether the objection to enforcement raised by the sub-lessee can exclude compulsory enforcement shall be examined in accordance with the provisions of Article 311 (amended Article 309) of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.