Kernrechtsfrage
Whether the appellant had standing to bring a declaratory action about non-restitution of auction proceeds.
Extrahierter Entscheid
Yes, a declaratory action was in principle admissible because she could not bring a performance action and sought determination of a concrete legal position.
Extrahierte Begründung
The Supreme Court held that the appellant challenged a real-rights-based obligation to restore the auction proceeds, and that the existence of a pending partition action did not extinguish her interest; at most, joinder would have been appropriate to avoid contradictory judgments.