Facts
The case concerns a property in the Old Town of Zurich, on which two adjoining houses are located (Cadastre No. 398 and 399). On the roof of house No. 71 (Cadastre No. 399) there is a laundry room, which according to the land register belongs to the neighboring house No. 73 (Cadastre No. 398) and is registered as condominium ownership. In debt collection proceedings against the former owner Karl Camenzind, this condominium ownership was seized.
André Kropf, who is registered in the land register as the owner of property No. 399, disputed that this is condominium ownership. He claimed that property No. 399 is his sole property and the laundry room is merely encumbered with a right of superstructure in favor of the neighboring property No. 398.
The cantonal supervisory authorities ordered the seized condominium ownership to be realized according to the entries in the land register. Kropf appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the decision of the cantonal supervisory authorities and instructed the debt collection office to initiate the objection procedure pursuant to Art. 106 et seq. SchKG.
The court stated that Kropf's claim that property No. 399, with the exception of the laundry room, is his sole property and the laundry room is merely encumbered with a right of superstructure, asserts a right that would oppose the seizure of the condominium ownership registered in…