Facts
In 1982, Ms. A., as a neighbor, filed a building police objection against a building permit application by B. Immobilien AG in Rorschach and filed an appeal against the granted building permit. On February 10, 1983, the parties signed an agreement in which Ms. A. gave her consent to the disputed construction project and undertook to withdraw the pending appeals. In return, she received from B. Immobilien AG the granting of an easement and compensation of CHF 84,000, of which CHF 50,000 was secured by a mortgage and CHF 34,000 was paid upon conclusion of the mortgage contract.
With a claim filed on May 22, 1984, B. Immobilien AG demanded the deletion of the land register entries, the reimbursement of the already paid CHF 34,000, and the determination of the defendant's liability for damages. It argued that the agreement was immoral.
Considerations
The Federal Court dismisses the claim. It finds that the services agreed upon by the parties - consent to a contested construction project, waiver of opposition to a further construction project,…