Kernrechtsfrage
Whether the enforcement office had to depart from the statutory order of seizure and attach the debtor's land instead of salary
Extrahierter Entscheid
No. The legal order of seizure could not be set aside on the facts shown, and the debtor's objections did not demonstrate an abuse of discretion.
Extrahierte Begründung
The court held that the supervisory authority had considered why deviation from the statutory order was not justified. The debtor could not rely on the pending Art. 85a LP action or the creditor's foreign seat to require a different seizure order; the proper safeguard against unjust enforcement is judicial suspension under Art. 85a para. 2 LP when the action appears likely to succeed.