Kernrechtsfrage
Whether the auction had to be annulled because the successful bidders were not separately required to consign the price of new auctions under Art. 67(1) LDFR.
Extrahierter Entscheid
No. Since the office already held the necessary funds as an advance, requiring an additional consignation would have been pointless and excessively formalistic; the auction was therefore not void.
Extrahierte Begründung
The Court held that the office may offset available funds already deposited for costs. Here the bidders had paid CHF 200,000 plus CHF 3,000, a sum far exceeding any potential costs of a new auction. A strict insistence on a separate consignation would serve no protected interest and would amount to form for its own sake. Nullity under Art. 70 LDFR was not established.