Admissibility limits of non-admission complaint where partial relief credits sale proceeds against first-instance liability

The Federal Court of Justice (BGH) partially admitted the plaintiff's non-admission complaint, ordering that the plaintiff may credit the €30,000 sale proceeds against the defendant's first-instance payment obligation, while dismissing the remainder of the complaint as inadmissible to the extent the plaintiff sought an unconditional full judgment against the defendant. The case arose from an appeal against an Oberlandesgericht Hamm decision, where the plaintiff challenged the lower court's handling of the offset of assets from a sale against the liability established in the first instance. The court relied on procedural principles governing the limits of revision appeal, specifically applying the doctrine that a revision complaint cannot exceed the scope of the lower court's judgment by demanding an unconditional verdict where specific offsets or conditional outcomes were already determined, citing precedents that restrict the admissibility of non-admission complaints to those that do not effectively seek a new, unconditioned liability finding beyond the record of the previous instance.