T..C. SUPREME COURT GENERAL COURT OF JUSTICE
CASE NUMBER: 2017/2265
DECIT.C. SUPREME COURT GENERAL COURT OF JUSTICE
CASE NUMBER: 2017/2265
T.C. SUPREME COURT GENERAL COURT OF JUSTICE
CASE NUMBER: 2017/2265
DECISION NUMBER: 2017/1435
DECISION DATE: 22.11.2017
THE COURT : ….. Court of First Instance
IN WHICH CASES THE PURCHASE OF AN APARTMENT WITH AN ‘ORDINARY WRITTEN’ CONTRACT FROM THE CONTRACTOR WILL GIVE THE REGISTRATION RIGHT – IF THE APARTMENT HAS BEEN DELIVERED TO THE BUYER, WHICH ONE WILL BE GRANTED SUPERIORITY IF THE CONTRACTOR SELLS THE SAME APARTMENT TO MORE THAN ONE PERSON
At the end of the trial conducted due to the “title deed cancellation and compensation case in the absence of registration” case, which was seen by combining the parties, Fethiye 3rdt the end of the trial conducted due to the “title deed cancellation and compensation case in the absence of registration” case, which was seen by combining the parties, Fethiye 3rd The date of 19.12.2014 and 2014/319 E given by the Civil Court of First Instance regarding the rejection of the claim for cancellation of the title deed and registration at the end of the trial conducted due to the “title deed cancellation and compensation case in the absence of registration” case, which was seen by combining the parties, Fethiye 3rd The date of 19.12.nducted due to the “title deed cancellation and compensation case in… The main case is the subject of case 2 based on the assignment of the contractor. floor, the cancellation of the title deed registration of the independent section No. 6 and its registration on behalf of the plaintiff relate to the claim for compensation at the second level.“… The main case is the subject of case 2 based on the assignment of the contractor. floor, the cancellation of the title deed registration of the independent section No. 6 and its registration on behalf of the plaint“… The main case is the subject of case 2 based on the assignment of the contractor. floor, the cancellation of the title deed registration of the independent section No. 6 and its registration on behalf of the plaintiff relate to the claim for compensation at the second level.
In the consolidated case, the plaintiff … based on the assignment of the contractor 2. kat has requested the cancellation of the title deed registration of the independent section No. 6 and registration on its behalf.
The court decided to reject the claim for cancellation and registration of the title deed in the main case, to accept the claim for compensation, and to accept the combined case.
The decision was appealed by the attorney of the plaintiff in the original case and the defendant … attorney.
The basis of the claimant …’s request in the main case is the written assignment agreement dated 14.10.2005.he basis of the claimant …’s request in the main case is the written assignment agreement dated 14.10.2005. The plaintiff stated that he paid the defendant contractor through Işbank with the assignment agreement dated 14.10.2005, receipt documents dated 08.11.2005 and 18.11.2005, and that he owed the balance of 5,000 TL.
The defendant contractor … first denied the assignment process and the signature, then with the report of the Independent department of Physics Specialized Forensic Medicine Institution dated 22.05.2012, it was determined that the signature on the documents dated 14.10.2005, 08.11.2005 and 18.11.2005 was the product of the plaintiff’s hand, and at the session dated 22.01.2013 he sold the real estate to … and transferred his possession, but the sale price to him since it was not paid, he declared that he sold the same real estate to the plaintiff of the merged case … with a promise of sale agreement.he defendant contractor … first denied the assignment process and the signature, then with the report of the Independent department of Physics Specialized Forensic Medicine Institution dated 22.05.2012, it was determined that the signature on the documents dated 14.10.2005, 08.11.2005 and 18.11.2005 was the product of the plaintiff’s hand, and at the session dated 22.01.2013 he sold the real estate to … and transferred his possession, but the sale price to him since it was not paid, he declared that he sold the same real estate to the plaintiff of the merged case … with a promise of sale agreement. In that case, there is an assignment process that will give rise to judgments and consequences from the point of view of the plaintiff … in the middle.
The attorney of the defendant land owner …, who is in litigation with the other defendant contractor …, in Fethiye 3rdhe attorney of the defendant land owner …, who is in litigation with the other defendant contractor …, in Fethiye 3rd He argued that the decision of the Civil Court of First Instance dated 24.02.2010 numbered October 2006/341 – 2010/113 to register the real estate on behalf of the contractor was made, therefore the case against them was dismissed.
In reality, the contractor can transfer his personal right to a third party by an assignment of receivables agreement, as long as it is not prohibited in the contract, in return for the construction contract with the land owner and the existing land share.n reality, the contractor can transfer his personal right to a third party by an assignment of receivables agreement, as long as it is not prohibited in the contract, in return for the construction contract with the land owner and the existing land share. The assignment of In reality, the contractor can transfer his personal right to a third party by an assignment of receivables agreement, as long as it is not prohibited in the contract, in return for the construction contract with the land owner and the existing land share. The assignment of the receivable is a contract that can be made between the creditor and the third party who takes it over without the need for the consent of the debtor and is only related to a form that Decrees as a profitable savings transaction. The Law of Obligations m.According to Article 163, the assignment contract can be established by a written contract between the assignor and the assignee. However, the written form required for the assignment of the receivable does not prevent the assignment agreement from being made in a formal manner.
The plaintiff in the consolidated case … also relied on the sales promise contract he made with the defendant … on 23.09.2010owever, the written form required for the assignment of the receivable does not prevent the assignment agreement from being made in a formal manner.
The plaintiff in the consolidated case … also relied on the sales promise contract he made with the defendant … on 23.09.2010. It does not matter if the contract for the assignment process made by the contractor to … is issued at a notary public. Because, as mentioned above, 163 of the Code of Obligations. in accordance with the provision of the article, it is sufficient that the assignment process is carried out in writing.
It is seen that the contractor has assigned his personal right to be won from the land owner to both the plaintiff … and the plaintiff of the merged case … with assignment Decrees.
In practice, it is a common situation that the contractor transfers the same independent section to one or more third parties on different dates, either through assignment of the receivable or by making a sales promise contract, and that one or more transferees claim rights over the same independent section.n practice, it is a common situation that the contractor transfers the same independent section to one or more third parties on different dates, either through assignment of the receivable or by making a sales promise contract, and that one or more transferees claim rights over the same independent section. Similarly, it is also possible for the owner to promise to sell an immovable property that he has made the subject of a sales promise agreement to another person later. In such cases, there is a competition of personal rights. As a rule, the personal rights that are dated earlier than the competing ones are given value unless they are invalid or the contract is terminated.s a rule, the personal rights that are dated earlier than the competing ones are given value unless they are invalid or the contract is terminated. As emphasized above, it does not matter if the sales transaction was made here by the contractor to one or more of the third parties in an official form (with a sales promise agreement at a notary), to others with an ordinary written contract. The important issue is the date of assignment to third parties who make personal claims.
In the concrete case; Since the plaintiff … is based on the assignment agreement of 14.10.2005 days, and the plaintiff of the merged case … is based on the sales promise agreement (assignment transaction) of 23.09.2010 days, the competing personal rights should be recognized as the value of the contract based on the previous plaintiff …. In this case, the plaintiff’s debt remaining from the sale price was determined and deposited at the court teller to be paid to the defendant contractor, and in accordance with the joint performance rule, it should have been decided to accept the property transfer request in the main case, to reject the combined case, while the rejection of the claim in the main case without taking into account the joint performance rule was not considered correct, therefore, the provision had to be overturned.
According to the acceptance, it is understood that it was decided to consider the case as a Consumer Court at the session dated 03.12.2010, although this issue was not mentioned in the title of the reasoned decision, it was enough to mention this issue because the mistake made was based on a material error …”cording to the acceptance, it is understood that it was decided to consider the case as a Consumer Court at the session dated 03.12.2010, although this issue was not mentioned in the title of the reasoned decision,According to the acceptance, it is understood that it was decided to consider the case as a Consumer Court at the session dated 03.12.2010, although this issue was not mentioned in the title of the reasoned decision, it was enough to mention this issue because the mistake made was based on a material error …”
at the end of the re-trial, which was held with the justification of being overturned and turned away instead of the file, the previous decision was resisted by the court.
DECISION OF THE GENERAL ASSEMBLY OF LAW
After it was understood that the decision to resist had been appealed during the examination by the General Assembly of Law and the papers in the file were read, the necessity was discussed:
Cancellation of the title deed based on the assignment of the contractor in the original case, if registration is not possible, compensation, cancellation of the title deed and registration have been requested in the merged case.
Pays paid by the court from the point of view of the original case, the cancellation of the title deed and the rejection of the registration request, the claimant paid 120.000,00 TL with the interest to process from the date of the case, the defendant …’s collection, the rejection of the lawsuit filed against the defendant … on the grounds that there is no title party, from the point of view of the merged case, the decision on the cancellation of the title deed and the acceptance of the registration request was overturned by the Special Chamber on the appeal of the plaintiff … attorney on the grounds described in the title section above.
Pays Dec. 1988 of the 30.09.1988 day and 1987/2 Esas, 1988/2 Decision was resisted in the previous decision on the grounds that the Decision to merge the Case Law cannot be applied, although the contract concluded by the Local Court between the plaintiff … and the defendant contractor is valid, and the independent part was not delivered to the plaintiff, as the plaintiff did not fulfill his performance of paying the contractual sales price, and the plaintiff … attorney appealed the decision to resist.
The dispute that came before the General Assembly of Civil Law by way of resistance; in accordance with the rule of joint performance, the plaintiff of the main case …’s remaining debt from the sales price agreed in the contract was determined and stored for pay to the defendant contractor Süleyman Nas, thus canceling the title deed registration on behalf of the defendant … of the independent section 6, the subject of the lawsuit, and whether it can be decided to register the plaintiff of the main case ….dispute that came before the General Assembly of Civil Law by way of resistance; in accordance with the rule of joint performance, the plaintiff of the main case …’s remaining debt from the sales price agreed in the contract was determined and stored for pay to the defendant contractor Süleyman Nas, thus canceling the title deed registration on behalf of the defendant … of the independent section 6, the subject of the lawsuit, and whether it can be decided to register the plaintiff of the main case ….
For the resolution of the dispute, it is useful to make Decrees about the construction contract in exchange for the land share first.
Dec Dec construction contract is a contract under which the land owner is under the obligation to transfer ownership of certain shares in his land to the contractor, in turn, the contractor is under the obligation to build independent sections on the land and transfer those belonging to the land owner from these independent sections (Erman,H: Construction Contract for a land Dec share, 3. Dec construction contract for a land share, 3. Dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec.ecc Dec construction contract is a contract under which the land owner is under the obligation to transfer ownership of certain shares in his land to the contractor, in turn, the cec Dec construction contract is a contract under which the land owner is under the obligation to transfer ownership of certain shares in his land to the contractor, in turn, the contractor is under the obligation to build independent sections on the land and transfer those belonging to the land owner from these independent sections (Erman,H: Construction Contract for a land Dec share, 3. Dec construction contract for a land share, 3. Dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec construction contract for a land share, 3. dec. B., Istanbul 2010, p. 1; Coskun, G.: The Legal Status of the Third Person Who is Entitled to the Construction Contract in Exchange for the Land Share, 1. Dec. Edition, Ankara 2010, p. 25). Dec.Dec.Dec. Dec.Dec.dec.dec.dec.dec.dec.dec.dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec.dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec. dec.dec.
This contract is not regulated in the Code of Obligations. However, such a contract can be made within the framework of the principlehis contract is not regulated in the Code of Obligations. However, such a contract can be made within the framework of the principle of freedom of contract. In the contract, it is important that the debt of the land owner is to surrender the land and transfer the ownership of the shares, in other words, in which way the contract will be made, sihis contract is not regulated in the Code of Obligations. However, such a contract can be made within the framework of the prinis contract is not regulated in the Code of Obligations. However, such a contract can be made within the framework of the principle of freedom of contract. In the contract, it is important that the debt of the land owner is to surrender the land and transfer the ownership of the shares, in other words, in which way the contract will be made, since it is the subject of real estate. Dec. However, since the transfer of immovable property is in question, this agreement must be made in an official form. Because 213 of the Code of Obligations numbered 818 (TCO 237)., 706 of the Turkish Civil Code No. 4721., 60 of the Notary Code., and 26 of the Land Registry Act. The articles regulate that contracts for the sale of immovable properties shall be made in a formal manner.
The form requirement here is not a proof, but a validity condition, and although the contract made without complying with the official form will face the sanction of final invalidity, an exception was made to this by the Decision to Combine the Case Law No. 1987/2 on 30.09.1988 and 1988/2.
The Decision to Combine the Aforementioned Jurisprudence; “A registration case filed on the basis of a contract that gives rise to a debt to transfer ownership of a real estate registered in the deed and is invalid only if it is not made in accordance with the terms of the form stipulated by the law cannot be accepted as a rule, however, without a valid contract for the sale of a section independent of the real estate that was started in accordance with the condominium law, the parties agreed to sell the independent section, the buyer must pay all his debts, and the seller also delivered the independent section, despite the buyer using it as the owner, in the event that the seller does not agree to the transfer of ownership in the title deed; according to the characteristics of the case, the judge, 2 of the Civil Code. it may accept the registration case filed by observing its article”.
The Decision to Combine the aforementioned Case Law requires that people who are building both on their own real estate and on third-party real estate want to use the money of the independent departments that they sold during the construction phase of the building, and then lose the value of the money due to inflation, as a result of valuing the place sold in inverse proportion, to take advantage of the form requirement provided for by the above-mentioned articles of law, and thus Civil Code 2.Decision to Combine the aforementioned Case Law requires that people who are building both on their own real estate and on third-party real estate want to use the money of the independent departments that they sold during the construction phase of the building, and then lose the value of the money due to inflation, as a result of valuing the place sold in inverse proportion, to take advantage of the form requirement provided for by the above-mentioned articles of law, and thus Civil Code 2. It aims to prevent them from acting against the article. However, this exception is not absolute either. The structure to which the decision to combine the case law in question will be applied must be in compliance with the zoning legislation and should not be in the position of a illegal structure. Because in construction contracts in exchange for a land share, it is the contractor’s main duty to deliver the building to the landowner by Deconstructing it in accordance with the contract, its purpose and the rules of science and art. Deconstructing the building in accordance with the rules of science and art is the main obligation of the contractor.he structure to which the decision to combine the case law in question will be applied must be in compliance with the zoning legislation and should not be in the position of a illegal structure. Because in construction contracts in exchange for a land share, it is the contractor’s main duty to deliver the building to the landowner by Deconstructing it in accordance with the contract, its purpose and the rules of science and art. Deconstructing the building in accordance with the rules of science and art is the main obligation of the contractor. The contractor may transfer his/her personal right to a third party when he/she performs his/her performance.
With the arranged land share for construction contract, the contractor does not become the owner of the land shares, but in return, he has a receivable right to the transfer of the land shares to him.the arranged land share for construction contract, the contractor does not become the owner of the land shares, but in return, he has a receivable right to the transfer of the land shares to him. The contractor may request the title deed of the land shares of the indepe the arranged land share for construction contract, the contractor does not become the owner of the land shares, but in return, he has a receivable right to the transfer of the land shares to him. The contractor may request the title deed of the land shares of the independent sections falling to his share to be registered in his name based on his right arising from the construction contract in return for the land share, or he may transfer this right to a third party. In this case, it is not a sales contract for immovable property with title deed, but Article 162 of the Code of Obligations. it is a transaction subject to the provisions of the assignment of receivables regulated in Article (TCO 183) and later. In such cases, the contractor is deemed to have assigned the right to request the transfer of the independent section and the related land share that it may request from the land owner in accordance with the contract to the third party. Dec.Dec.t is a transaction subject to the provisions of the assignment of receivables regulated in Article (TCO 183) and later. In such caseit is a transaction subject to the provisions of the assignment of receivables regulated in Article (TCO 183) and later. In such cases, the contractor is deemed to have assigned the right to request the transfer of the independent section and the related land share that it may request from the land owner in accordance with the contract to the third party. Dec.Dec. In short, in such cases, it should be accepted that there is an assignment contract between the contractor and the third party. Dec.
As a matter of fact, the same opinion was adopted in the decision of the General Assembly of Law numbered 2003/14-452 on 02.07.2003, Decision 2003/456.
At this point, it is useful to examine the “assignment of receivables” provisions in order to resolve the dispute.t this point, it is useful to examine the “assignment of receivables” provisions in order to resolve the dispute. The legal regulation on the assignment of receivables is 162 to 172 of the Code of Obligations No. 818, which must be applied to the dispute subject to litigation. it is included in the articles.
An assignment of receivables is a formal contract between the creditor and the third party who takes over the receivable, which can be made without the need for the debtor’s consent and only has the nature of a beneficial disposition. Article 163n assignment of receivables is a formal contract between the creditor and the third party who takes over the receivable, which can be made without the need for the debtor’s consent and only has the nature of a beneficial disposition. Article 163 of the Code of Obligations According to the provision of Article 184 of the TCO, the assignment agreement may be established by a written agreement between the assignee and the assignee. Dec. However, the fact that the ordinary written form is meant in the law does not prevent the official execution of the assignment contract. As a matter of fact, in practice, it is observed that third parties who receive assignment of their personal rights from the contractor make the assignment contract in the form of an ordinary written sales contract or a real estate sales promise contract.
As can be seen from all these explanations, the party that is the contractor of the construction contract in exchange for a land share, if it is not prohibited in the contract, can directly request from him the personal right (transfer of the independent section title deed) that he has earned against the land owner when he Decrees the delivery debt, based on his existing contract with the land owner, as Dec Dec 162.s can be seen from all these explanations, the party that is the contractor of the construction contract in exchange for a land share, if it is not prohibited in the contract, can directly request from him the personal right (transfer of the independent section title deed) that he has earned against the land owner when he Decrees the delivery debt, based on his existing contract with the land owner, as Dec Dec 162. (By taking advantage of the provision of Article 183 of the TBK), it can be transferred and assigned to third parties in writing, without the consent of the landowner, provided that it is in writing. The third person who acquires the right can also assert this right against the landowner by taking advantage of the assignment provisions of the receivable. Because the person who acquires the receivable replaces the previous creditorhe third person who acquires the right can also assert this right against the landowner by taking advantage of the assignment provisions of the receivable. Because the person who acquires the receivable replaces the previous creditor. It is now his right to ask the debtor for the performance and to force the debtor to perform when necessary.
The most important result of the contractor transferring his personal right is that the transferred land share receivable leaves the contractor’s assets and goes to the assets of the third party to whom it is transferred. With this transfer agreement, the contractor loses his authority to disposehe most important result of the contractor transferring his personal right is that the transferred land sheThe most important result of the contractor transferring his personal righe most important result of the contractor transferring his personal right is that the transferred land share receivable leaves the contractor’s assets and goes to the assets of the third party to whom it is transferred. With this transfer agreement, the contractor loses his authority to dispose of the land share receivable. Therefore, it is no longer possible for the contractor to save on this receivable in any way (Oğuzman, M. K./ Öz, M. Turgut: General Provisions of the Law of Obligations, Vol. II, 11. B., Istanbul 2013, p.562). Despite this, it is also possible for the contractor to promise to sell a property that he has previously assigned to another person in writing or by a sales promise agreement.this, it is also possible for the contractor to promise to sell a property that he has previously assigned to another person in writing or by a sales promise agreement. If the contractor assigns the same independent section to two different persons, there will be a conflict of personal rights and the second assignmeespite this, it is also possible for the contractor to promise to sell a property that he has previously assigned to another person in writing or by a sales promise agreement. If the contractor assigns the same independent section to two different persons, there will be a conflict of personal rights and the second assignment will be invalid. Even if the person who takes over the receivable later does not know about the previous assignment and is in good faith, the legal situation will not change. In determining which assignment was made first, the moment of completion of the contract is taken into account, not the date of the decision. It does not matter the type of competing rights, that is, whether the assignments are made in the form of a contract of promise of sale in ordinary writing or at a notary. The main thing is the dates of assignments made by the contractor to third parties who make a claim. Because without an officially arranged contract for the sale of an independent section of real estate, construction of which has begun in accordance with the Condominium Ownership Law No. 634, the parties must settle all the buyer’s debts by agreeing to sell the independent section, and the seller must also deliver the independent section and use it as if the buyer owned it, but the seller does not transfer ownership in the deed, according to the nature of the incident, the judge of TMK 2.ecause without an officially arranged contract for the sale of an independent section of real estate, construction of which has begun in accordance with the Condominium Ownership Law No. 634, the parties must settle all the buyer’s debts by agreeing to sell the independent section, and the seller must also deliver the independent section and use it as if the buyer owned it, but the seller does not transfer ownership in the deed, according to the nature of the incident, the judge of TMK 2. it is stated in the Court of Cassation Case Law Consolidation Decision dated 30.09.1998 and numbered 2/2 that the registration case filed in accordance with its article can be accepted.
When the concrete dispute is evaluated in the light of the statements made, the basis of the plaintiff …’s request is the ordinary written assignment agreement dated 14.10.2005.hen the concrete dispute is evaluated in the light of the statements made, the basis of the plaintiff …’s request is the ordinary written assignment agreement dated 14.10.2005. Although the defendant, who is the contractor, did not accept the assignment process by denying his signature at first, it was determined that the signature in the contract belonged to the contractor as a result of the examination. In that case, there is an assignment process that will give rise to judgments and consequences from the point of view of the plaintiff.
The plaintiff of the merged lawsuit … was also based on the assignment process performed by the contractor on 23.09.2010. The arrangement of the contract for the assignment made by the contractor to … in a notary public has no importance in terms of priority.he plaintiff of the merged lawsuit … was also based on the assignment process performed by the contractor on 23.09.2010. The arrangement of the contract for the assignmentThe plaintiff of the merged lawsuit … was also based on the assignment process performed by the contractor on 23.09.2010. The arrangement of the contract for the assignment made by the contractor to … in a notary public has no importance in terms of priority. Because, as mentioned above, what is important is Article 163 of the Code of Obligations. according to the article (TCO 184), the assignment process is performed in writing.
It seems that the contractor has assigned the personal right that it will gain from the land owner to both the plaintiff and the plaintiff of the merged case with assignment agreements. Dec.
Since the plaintiff in the current case … is based on the assignment agreement dated 14.10.2005, and the plaintiff of the merged case … is based on the real estate sales promise agreement (assignment transaction) dated 23.09.2010, the competing personal rights should be recognized as the value of the contract based on the previous plaintiff ….
On the other hand, although the defendant contractor did not accept the sales relationship between them, in addition to admitting that he had surrendered his possession by selling the contractor’s real estate to … at a later stage of the case, and regarding the cancellation of the title deed and registration filed by the contractor … against the owner of the plot of land, Fethiye 3. Dec.1, Dec.11, dec.11, dec.11, dec. 11, dec.11, dec.11, dec. 11, dec.11, dec.11, dec. 11, dec. 11, dec. 2006/341 ESAS, 2010/113 Decision of the Court of First Instance, the plaintiff … was heard as a contractor witness, and in his statement he stated that he bought the independent section subject to the lawsuit from the contractor and transferred his possession and even made renovations to the independent section, and this statement was not challenged by the contractor, so the independent section No. 6 subject to the lawsuit was sold and delivered to the plaintiff … on 30.09.1988 days and 1987/2 Esas, 1988/2 Decision No. 6 was not objected to by the contractor, so the independent section was sold and delivered to the plaintiff on 30.09.1988 days and 1987/2 Esas, 1988/2 Decision No. 1988/2 Esas, 1987/2 Esas, 1987/2 Esas, 1987/2 Esas, 1988/2 Esas It should be accepted that the Decision to Combine Jurisprudence can be applied to a concrete event.
In this case, although the contract dated 14.10.2005 between the plaintiff … and the contractor … providing for the transfer of immovable property has not been arranged in accordance with the formal format required by law, the parties must mutually fulfill their actions and deliver the real estate to the plaintiff …, while the request for cancellation and registration of the title deed in the original case should be Decriminalized, taking into account the assignment process on which the plaintiff … is based by the local court, due to which the plaintiff … is delivered, it is inappropriate to decide on the registration of the immovable property on behalf of the cancellation of the title deed and acceptance of the registration request of the plaintiff of the case, which is combined with the rejection of his request for this request.
www.asikogluhukukburosu.comit is inappropriate to decide on the registration of the immovable property on behalf of the cancellation of the title deed and acceptance of the registration request of the plaintiff of the case, which is combined with the rejection of his request for this request.
www.asikogluhukukburosu.com
In that case, while the decision to break up the Special Circle adopted by the General Assembly of the Law should be followed, it is contrary to procedure and the law to resist the previous decision.
Therefore, the decision to resist must be overturned.
CONCLUSION: The plaintiff … it was decided unanimously on the day of 22.11.2017 that the decision to resist with the acceptance of the appeals of the attorney was OVERTURNED for the reasons shown in the decision to disrupt the Private Apartment, that the appeal advance fee should be returned to the depositor if requested, with the way to correct the decision open within fifteen days from the date of notification.
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