Questione giuridica chiave
Whether the farm transfer was avoidable under Art. 288 SchKG for prejudicing creditors' execution rights.
Decisione estratta
Yes. The transfer reduced execution assets, was carried out without cash flow, and the surrounding circumstances showed a detrimental disposal of the debtor's last substantial asset.
Motivazione estratta
The market value exceeded the agreed consideration; in forced execution the relevant comparison is the realizable market value, not a BGBB-based price. The transaction therefore deprived creditors of realizable value.