I bought the house by judicial auction, and the original landlord won't move. Do I need a lawyer to fight this lawsuit?

There is no need to go to court. After the court conducts a judicial auction of the house, if the person subjected to execution does not move out of the house, the court may take compulsory measures to forcibly move out.

According to "Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts"

Article 30 After the people's court has ruled that the auction is completed or the debts are paid off with the auction property, it shall hand over the auction property to the buyer or assignee within 15 days after the written 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.

code of civil law

Article 250 If a person is forced to move out of the house or withdraw from the land, the dean shall issue an announcement and order the person subjected to execution to perform it 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.

Extended data

code of civil law

Article 31. The original security interest and other priorities on the auction property shall be destroyed by auction, and the proceeds from auction shall give priority to paying off the creditor's rights of the security interest holder and other priority holders, unless otherwise agreed by the parties.

If the original lease right and other usufructuary right on the auction property are not extinguished by the auction, but the right continues to exist on the auction property, which affects the realization of the priority security right or other priority rights, the people's court shall cancel it according to law and conduct the auction.

Provisions of the Supreme People's Court on Auction and Sale of Civil Execution Property by People's Courts

Article 251 In the course of execution, if it is necessary to go through the formalities for the transfer of the relevant property right certificate, the people's court may issue a notice of assistance in execution to the relevant unit, which must do so.

Article 252 If the person subjected to execution fails to perform the act specified in the judgment, ruling or other legal documents according to the notice of execution, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the expenses shall be borne by the person subjected to execution.

Article 253 If the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance.

References:

Wangkui County Court Network in Heilongjiang Province-the Supreme People's Court on the auction in the civil execution of the people's court

References:

National People's Congress-People's Republic of China (PRC) Civil Procedure Law