Life scene Shunxiang Real Estate Development Co., Ltd. (hereinafter referred to as Shunxiang Company) borrowed 5 million yuan from the bank to raise more development funds, and the bank asked it to provide guarantee. Shunxiang Company mortgaged a piece of land use right under development and construction to the bank, and registered the mortgage according to law. At this time, two buildings have been developed and built on this land. Due to the remote location of the real estate developed by Shunxiang Company, there have been few buyers, the construction funds have not been recovered, and the loans owed to banks have not been repaid on time. When the loan term expires, Shunxiang Company has built the third building on the mortgaged land. The bank negotiated with Shunxiang Company to auction the mortgaged construction land use right together with the three buildings on the land to give priority to repayment of the loan, and Shunxiang Company agreed to auction the mortgage right of the construction land together with the three buildings. However, the company believes that because the third building was built after the conclusion of the mortgage contract, it cannot exercise the right of priority compensation for the auction price of the third building, while the bank insists that the price of the third building should also be used for priority repayment of loans. The two sides were at loggerheads, and the bank took Shunxiang Company to court, demanding the right to use the mortgaged construction land and exercising the priority of compensation for the three buildings. Some mortgagor will continue to build buildings on the construction land after mortgaging the right to use the construction land. When the creditor requests to exercise the mortgage right, the mortgagee and the mortgagor will have a dispute over whether the new building is used as mortgaged property. Then, can the new buildings be used as mortgaged property to guarantee the realization of creditor's rights? Article 200 of the Property Law stipulates: "After the right to use construction land is mortgaged, the newly-built buildings on the land are not mortgaged property. When the right to use the construction land is mortgaged, the new buildings on the land shall be disposed of together with the right to use the construction land, but the mortgagee has no right to be compensated in priority for the price obtained from the new buildings. " According to this regulation, the third building of Shunxiang Company was built after the construction land was mortgaged, which is a new building and not a mortgaged property. The Property Law stipulates that if the mortgagor mortgages the right to use the construction land alone, it will be mortgaged together with the buildings on the land. If it is not mortgaged together, it will be regarded as mortgaged together. The building mentioned here refers to the existing building when the right to use the construction land is mortgaged. There are other provisions on whether the new buildings after the mortgage of the right to use construction land can be used as collateral. Article 200 of the Property Law stipulates the treatment method of new buildings after the mortgage of the right to use construction land. It can be seen from this regulation that the newly-added buildings after the mortgage of the right to use construction land cannot be used as mortgaged property. The main reason for this provision is that when the mortgage is established, the subject matter does not include new buildings. After the establishment of the mortgage, the mortgagor's use and income of the land use right cannot reach this part of the new building. Although the newly-added buildings are not within the scope of mortgaged property, if the creditors do not discount, auction or sell the newly-added buildings together with the land use right when realizing the mortgage right, the value of the newly-added buildings in the future will be affected, because these buildings have no land use right; If the newly added buildings are demolished before exercising the mortgage, it will cause a waste of resources. Based on the calculation of the above value, the law stipulates that when the right to use the construction land of new buildings is mortgaged, the new buildings on the land shall be disposed of together with the right to use the construction land. However, since the newly-built buildings are not within the scope of the mortgaged property, the mortgagee shall not be given priority in compensation for the proceeds from the auction of the newly-built buildings. Article 51 of the Urban Real Estate Management Law stipulates how to exercise the mortgage right when there are new houses on the land after the signing of the real estate mortgage contract. This article stipulates that after the signing of the real estate mortgage contract, the newly added houses on the land do not belong to the mortgaged property. When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no right to be compensated in priority for the income from the auction of the new houses. The Property Law stipulates that new buildings and construction land use rights should be auctioned together, while the Urban Real Estate Management Law stipulates that new houses and mortgaged real estate should be auctioned together. As far as the opening scene is concerned, Shunxiang Company only mortgages the right to use the construction land to the bank. According to the law, the original buildings on the land are also regarded as a mortgage. Therefore, the bank can exercise the mortgage right together with the original two buildings. The third building was built after the construction land was mortgaged. This is a new building, not a mortgaged property. When the bank realizes the mortgage, it shall auction the right to use the construction land together with the three existing buildings on the land, but the bank cannot auction the price of the third building first. Warm reminder: After the right to use the construction land is mortgaged, the new buildings on the land are not mortgaged property. When the mortgage is realized, the new buildings should be disposed of together with the right to use the construction land, but the mortgagee cannot exercise the priority of compensation for the price obtained from the new buildings. Relevant laws and regulations are linked to Article 200 of the Property Law. After the right to use the construction land is mortgaged, the new buildings on the land are not mortgaged property. When the right to use the construction land is mortgaged, the newly-added buildings on the land will be disposed of together with the right to use the construction land, but the mortgagee has no priority to be compensated for the income of the newly-added buildings. "Urban Real Estate Management Law" Article 51 After the signing of the real estate mortgage contract, the newly-added houses on the land are not mortgaged property. When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no right to be compensated in priority for the income from the auction of the new houses. 25.html