Hearing on 17 January 2025 at 9.00 a.m. in case V ZR 153/23, room E 101 (property eviction after cancellation of the award in forced sale proceedings)
Facts of the case:
The plaintiff had been registered as the owner of a property in the land register since 1993. From 2008, the property was put up for forced sale. In 2010, the defendant 1 was awarded the property and was entered in the land register as the owner. Together with defendant 2, her husband, she had a weekend house on the property demolished and a new house built, which the defendants have lived in since 2012. To secure the loans taken out to build the house, the property was encumbered with a land charge for € 280,000 plus interest. The bidding decision was cancelled in 2014 at the instigation of the plaintiff, who only became aware of the forced auction after the bid was accepted.
Press release of the BGH no. 183/2024 from 18.9.2024