EN SUPREME COURT
Law Office
Originally: 2014/21867
The Verdict: 2016/10043
Decision Date: 08.06.2016
TRANSACTION FOR RECORDS – IN CASES WHERE THE VALUE OF THE GOODS OR RIGHTS SUBJECT TO THE DECISION OF THE ENFORCEMENT COURT IS REQUIRED TO EXCEED THE APPROPRIATE AMOUNT – APPROVAL OF THE PROVISION
SUMMARY: According to the special regulation in the last sentence of the same paragraph, in order for an appeal review to be conducted in compensation cases that are among the decisions that can be appealed in the Dec, the value of the property or right to which the executive court decision relates must exceed the specified amount. In the concrete case, since the value of the objections that are the subject of the appeal is less than the amount in question, it was decided to uphold the judgment.
(2004 SK Md. 363, 365, 366)
Case and Decision: At the request of the plaintiff, within the period of the Court decision on the date and number written above, the file related to the case was sent to the Apartment from the place where the case was held, discussed and decided:
Both in terms of non-foreclosure and compensation claims of the parties; 101 of the Law No. 4949. article 363 of the Execution and Bankruptcy Law No. 2004, as amended. according to the provision of the article; In order for an appeal to be filed against the decisions to be made by the executive courts after the effective date of the law on 30.07.2003, the value of the case subject to appeal must exceed TL 2,000.00.
in accordance with Article 102 of Law No. 4949 and Additional Article 1 added to the Oct; this monetary limit is applied by increasing the monetary limits applied in the previous year at the rate of reassessment determined and announced by the Ministry of Finance in accordance with repeated article 298 of the Tax Procedure Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed ten million TL (10,00 TL) are not taken into account.
Accordingly, when the calculation is made, in order for an appeal to be filed against the decisions to be made by the executive courts in 2014, the subject of the appeal must be over TL 5,440.00.
SECOND. m.363/1.
According to the special regulation in the last sentence of the same paragraph, in order for an appeal review to be conducted in compensation cases that are among the decisions that can be appealed in article (7), the value of the property or right to which the Decrees of the enforcement court relate must exceed this amount.
In the concrete case, the cost of the appeals subject to appeal is below 5.440,00 TL.
In this case, the rejection of the petition of appeal is required due to the finality of the judgment.
Conclusion: For the above reasons, the appeal petition was rejected in accordance with paragraph 1 of Article 363 of the CCP, annex 365/3 of the CCP, Article 366/3 of the Oct of the parties. Pursuant to Article 366/3 of the Court of Cassation, a request for correction of the decision may be filed within 10 days from the notification of the decision of the Court of Cassation. on 08.06.2016, it was unanimously decided that the appeal fee should be returned to the plaintiffs separately.