Key legal question
Does Art. 143(1) SchKG require a new auction when the purchaser allegedly fails to pay mortgage debts assumed under the auction conditions?
Extracted holding
No. Art. 143(1) SchKG serves the enforcement process and does not apply to obligations whose settlement was assigned outside the enforcement proceedings by the auction conditions.
Extracted reasoning
The debts were not to be liquidated by the enforcement office within the foreclosure procedure; the creditor had accepted the sale conditions and the deferred payment arrangement. The creditor must pursue the payment dispute separately, so there is no basis to dissolve the auction sale and order a new auction.