Kernrechtsfrage
Whether a conditional deposit with the debt enforcement office counts as payment under Art. 12 SchKG.
Extrahierter Entscheid
No. A payment under Art. 12 SchKG requires unconditional payment to the office for the creditor; a conditional deposit is only a special mandate to hold the money in safekeeping and use it for later payment if the creditor accepts the condition.
Extrahierte Begründung
The debtor did not divest itself of the money unconditionally, and no claim of the creditor to release of the sum arose against the office. Because the deposit was tied to a waiver condition, it did not extinguish the debt for that amount.