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案由:2005年,山东天合拍卖有限公司接受人民法院委托,对一处被强制执行的房屋进行公开拍卖。拍卖前公司派员对房屋的现状进行了实地察看,详细咨询了法院执行法官有关该房屋的具体情况。当时该房屋虽然有人租赁经营使用,但在法院查封被执行人的房屋时,租赁合同已经到期,并告知被执行人在规定的期限内偿还债务,如不履行偿还义务,将依法对查封的房屋进行公开拍卖。同时,在此期间,不得对外再签订房屋租赁合同,否则,所造成的一切后果均由被执行人负责,并现场制作了谈话笔录,由被执行人在谈话笔录上签了字。接受委托后,天合拍卖公司通过当地报纸在拍卖会15日前发布了
Case: In 2005, Shandong Tianhe Auction Co., Ltd. entrusted by the people’s court to conduct a public auction on a compulsory housing. Before the auction, the company dispatched officials to inspect the current situation of the houses and consulted with the court enforcement judge about the specific conditions of the houses. At that time, although the house was leased and used, when the court seized the houses of the people under execution, the lease contract had expired and the debtor was instructed to repay the debts within the prescribed time limit. If the houses failed to fulfill their repayment obligations, Conduct a public auction. In the meantime, during this period, it is not allowed to sign a house lease contract with the outside world. Otherwise, all the consequences arising therefrom will be the responsibility of the executed party. A transcript of the transcripts will be made on site and signed by the transacting party. After being entrusted, TRW’s auction house was released on the local newspaper 15 days before the auction