Abstract: Under the influence of the rules of "buying and selling can not break lease", the court in judicial auction program execution involved in the process of real estate, if there is a lease relationship often citing "buying and selling can not break lease" do not remove the lease sale, makes the bidder can't achieve earnings auction in a certain period, which seriously influence the extent of the obliges' right to achieve. It must keep a balance between the interests of the complex relationship of judicial auction in judicial execution. According to the real right attribute, and before the auction of nonresidential real property and personal property of residential real estate, we should take different approaches to protect the legitimate interests of the lessee, and provide theoretical basis for the judicial auction to break the lease.