Questione giuridica chiave
Whether, before selling a co-owned condominium unit with mortgage liens, the enforcement office had to conduct the settlement negotiations under Art. 73e VZG despite enforcement requests against both co-owners.
Decisione estratta
Yes. The office had to conduct the negotiations aimed at allocating the liens and possibly dissolving the co-ownership before auctioning the property.
Motivazione estratta
Art. 73e VZG serves to protect persons not directly participating in the specific enforcement step and to adjust the legal situation before sale. The fact that enforcement requests were pending against both co-owners did not dispense with those negotiations, especially because the debt burden of the two co-owners was unequal and an agreement for one co-owner might still have made a partial sale possible.