Question juridique clé
Whether a foreclosure sale in mortgage enforcement triggers real property capital gains tax liability under § 49 Abs. 3 StG.
Solution extraite
Yes. The statute expressly limits the tax exemption to bankruptcy and composition with assignment; a foreclosure sale in special enforcement remains taxable.
Motifs extraits
The court distinguished special enforcement from general enforcement and held that the text and legislative intent do not justify extending the exemption by analogy.