T.C. SUPREME COURT
2.law office
Base: 2016/6780
Decision: 2016/12633
Date of Decision: 28.06.2016
CLAIM FOR RECEIVING CONTRIBUTIONS – CLAIM FOR RECEIVING CONTRIBUTIONS ON REAL ESTATE ACQUIRED DURING THE PROPERTY SEPARATION REGIME – FAILURE TO DECIDE WHETHER TO PAY INTEREST ON THE TOTAL AMOUNT DECIDED EFFECTIVE FROM THE DATE OF THE LAWSUIT – CORRECTION AND APPROVAL OF THE PROVISION
SUMMARY: litigation, real estate acquired during the regime of separation of property contribution amount is requested in the petition that would take interest on demand comment about 5,000 to sue you for the date 10.04.2008 to date, in terms of the amount of TL 26.611.00 the breeding of breeding should be executed as of the date 01.12.2014 dominated while total 31.611,00 TL lawsuit has not been correct as of the date of execution of the decision of the entire interest. If the defendant’s appeals against interest are in place for the reason described and the provision must be overturned in terms of the interest-related section, it was necessary to decide whether the hu section of the provision should be corrected and upheld because this issue did not require a retrial.(HUMK m. 438/7)
(1086 P. K. m. 438)
Case and Decision: At the end of the trial between the parties, the judgment given by the local court, the date and number shown above, was appealed by the plaintiff in terms of the amount that he would receive from the defendants … contribution; the plaintiff was appealed in terms of the refusal of the decommissioning and registration request by way of participation and the amount that he would receive contribution, the document was read and discussed and considered as necessary:
1- ) The defendant appealed from the point of view that he would receive the agreed contribution, and the plaintiff also appealed from the point of view of cancellation of the title deed and rejection of the registration request by way of participation. The request for an appeal by joining is strictly subordinated to the actual request for an appeal. The defendant has no appeal regarding the case of cancellation and registration of the title deed. In this case, it was necessary to decide on the rejection of the appeal request for this direction, since the claimant woman’s request for cancellation of the title deed and registration of the claim by participation could not be examined.
2-) As for the examination of appeals of the plaintiff and the defendant regarding the receipt of contributions;
a) According to the articles in the file, the evidence on which the decision is based, the legal reasons and, in particular, there is no inaccuracy in the discretion of the evidence, all the plaintiff’s appeals that fall outside the scope of the following paragraph of the defendant’s appeal are inappropriate.
B) the case, the regime of separation of property acquired during comment about 5,000 contribution interest on real estate demand is requested in a petition to sue you for any amount that would take the date 10.04.2008 to date, in terms of the amount of TL 26.611.00 the breeding of breeding should be executed as of the date 01.12.2014 dominated while total 31.611,00 TL lawsuit has not been correct as of the date of execution of the decision of the entire interest. If the defendant’s appeals against interest are in place for the reason described and the provision must be overturned in terms of the interest-related section, it was necessary to decide whether the hu section of the provision should be corrected and upheld because this issue did not require a retrial.(HUMK m. 438/7)
Conclusion: Paragraph 2 of the provision of the reasoned decision for the reason shown in paragraph 2/b above of the appealed decision. located in Bend, “31.611,00 TL with legal interest from the date of the case to be given to the defendant and the plaintiff is taken from The …” instead of scrapping the provisions of the words ”31.611,00 TL total contribution from the defendant to the plaintiff …with the collection of the receivables to be given this amount 10.04.2008 case for 5.000 TL, TL 26.611.00 01.12.2014 legal interest from the date of execution for breeding” improvement of the provision of this part of words to be written by the subject of the appeal, the other parts of the above 2/approved for the reason described in paragraph, the plaintiff’s appeal against the request for cancellation and registration of the title deed is mentioned above 1. refusal for the reason shown in the paragraph, the fee written below is Y.for loading’ deducting the advance fee and 143.50 TL. since the appeal application fee is received in advance, there is no other place to receive the fee, the one who deposits the appeal fee in advance is A.within 15 days from the date of notification of this decision, it was unanimously decided that the way to correct the decision would be open. 28.06.2016
