Facts
The P. AG, as debtor in the enforcement proceedings No. ..., applied to the District Court of Horgen as lower supervisory authority in debt enforcement and bankruptcy cases for a revaluation of a property. The lower supervisory authority set the estimated value at CHF 4'330'000.-. The P. AG lodged an appeal and requested that the estimated value be set at CHF 1'800'000.-, alternatively CHF 2'770'000.- in accordance with the revaluation report. The High Court of the Canton of Zurich, 2nd Civil Chamber, as higher cantonal supervisory authority in debt enforcement and bankruptcy cases, did not consider the appeal, as the P. AG had no appeal legitimation.
The P. AG appealed the decision of the higher supervisory authority to the DEBA of the Federal Supreme Court and requested that the contested decision be annulled and the higher supervisory authority be instructed to consider the appeal.
Considerations
The appellant rightly complains that the higher supervisory authority denied her the legitimation to appeal. The higher supervisory authority essentially held that the purpose of the realization procedure is to achieve the highest possible yield, so that the appellant has no legal interest in reducing the estimated value.
However, the Federal Supreme Court decided that the appellant, as debtor, has a legally protected interest in the proper conduct of the enforcement proceedings and is therefore entitled to appeal. The lower supervisory authority, after the appellant's requested revaluation of the property by an expert, instructed the enforcement office to use a…