Objection To Determination

14 Nov Objection To Determination

T.C. SUPREME
20.Legal Department

Mainly: 2016/59
Decision: 2016/3001
Decision Date: 09.03.2016

CASE AGAINST DETERMINATION – THE PARTS OF THE DEFENDANT DECIDED TO REGISTER ON BEHALF OF NATURAL PERSONS ARE FROM PLACES NOT CONSIDERED FORESTS – THE CONDITIONS OF ACQUISITION OF REAL ESTATE ARE DETERMINED AND NO HIT TO THE ESTABLISHMENT OF THE PROVISION IS SEEN

Abstract: as a result of the examination and research carried out by the expert forest expert in accordance with the method based on old dated air photos and hometown map, the contentious real estate is subject to appeal, it is understood that the parts decided to register on behalf of the defendant real persons are from places that are not considered forests, and for the benefit of persons who have decided to register on behalf of law 3402 14. it was determined that the terms of acquisition of real estate were formed through the statute of limitations written in the article.

(4721 P. K. m. 713) (3402 S. K. m. 14, 17)

Case and decision: after the decision was made to accept the appeal petition, which is understood to be in duration, the file was examined and considered necessary, the court of Cassation examination of the provision established at the end of the hearing of the case between the parties was requested by the defendants … :

Plaintiff … … with a petition dated 12.11.2009, … in accordance with the provisions of Law No. 5304, amended by Law No. 3402 in his village, the forest cadastre was partially declared, but; the forest cadastre map attached to the petition is from places that are considered forests, but the forest was left outside the borders, stating that these areas should be included in the forest boundaries and with the nature of the forest … with the request for registration on behalf of … and the village legal entity has filed a lawsuit. Later, during the cadastre of cultural lands, the determination of the real estate subject to the lawsuit was organized and sent to the court, leaving the House of malik open, the court; the persons whose name was written as zilyet in the acquisition of the record were included in the case and the creation of parties was established.

Plaintiff … … with a petition dated 29.03.2010, … village 271 Islands 4, 5, 6, 7, 8, 9, 10, 11, 13, 16, 18, 19 and 21, 304 Islands 11, 306 islands 80, 315 Islands 6, 323 Islands 4, 5 and 6, 324 Islands 5, 325 Islands 4, 5, 6, 7, 8 and 9, 377 Islands 5 and 6 parcels of real estate are considered forest places with the cancellation of tesbits and the nature of the forest …

The plaintiff … … with the petition dated 30.03.2010, 323 Island 5 parcel identified on his behalf is missing the area and 280 m2 section remains in 324 Island 4 parcel determined on behalf of the defendant … … with the cancellation of 280 m2 section of 324 Island 4 parcel and 323 Island 5 parcel no.

with the case of the plaintiff that the case is assembled … …s opened after the court opened the trial that the denial of the plaintiff, the admission of Plaintiff s lawsuit and science expert … … … … 20 numbered plots in the sketch attached to the report dated 06/12/2011 money order 271 (a) shown with 3421,92 and m2 (J) M2 43,81 indicated by sections 271 No. 21 name of plots (C) and 850,38 shown with m2 (h) M2 236,95 indicated by sections numbered square to 13 name 271 (e) indicated by 673,03 m2 section Name Plot No. 19 271 (B) and indicated by 1482,27 M2 (I) m2 is represented by section 175,06, 271 numbered square to name 11 (D) shown with Section 38,39 m2, the square Island No. 9 271 (F) 52,86 M2, indicated by Section name parcel No. 1 271 (G) indicated by m2 1635,17 Section 271 numbered square Island 2 (H) M2 787,86 indicated by Section 271 m2 of surface area of the parcel as 1855,83 island No. 3, No. 4 271 island plots (I) Plot No. 5 Section 271 662,92 the name represented by m2 (J) M2 1095,73 indicated by section Name 6 271 numbered square (K) 3,02 M2 indicated by Section 271 plots name No. 18 (a) section m2 shown with 1256,21, Island No. 10 plots 271 (C) shown with 2876,06 m2, 16 numbered square name 271 (G) indicated by m2 1528,31 section, Plot No. 17 name 271, 272 plot of island No. 10 (L) to 89 M2 shown with the name of the numbered square 1727,30 Section 306 (O) gosterilen1005,19 M2 (P) M2 306 780,18 portions indicated by the name of the parcel No. 92 (S) 80 shown with the numbered square section 306 name 382,46 M2 (R) m2 shown with 554,90 section Name No. 81 m2 of surface area as Square 3762,63 306, 305 plots name No. 1 (a) section m2 shown with 420,70, Plot No. 14 island 305 (B) indicated by 423,29 m2 section 305 plots name No. 13 (C) section m2 shown with 228,11 Ada 305 12 numbered square (D) square section 305 m2 shown with 178,90 island No. 9 (E) Section 304 No. 4 parcels indicated by the name 2611,53 M2 (F) M2 1452,61 indicated by Section 304 of parcel No. 2 name (G) 23,12 M2, indicated by Section 304 No. 1 name of the square (H) indicated by 1335,90 m2 section 304 plots name No. 11 (I) represented by the Department of 43,73 M2, parcels 1 and 2 numbered 303 island, 315 plots name No. 6 (A) shown with 8,39 m2 section 323 No. 4 island plots (a) section m2 shown with 286,69, 323, Plot No. 5 name (b) 777,44 indicated by m2, and (F) of Section 13,81 m2 shown with H. 323, Plot No. 6 name (D) shown with 1542,72 m2 section, No. 324 name of the 5 plots (A) shown with 795,30 m2 section, No. 325 Island 8 plots (a) section m2 shown with 584,14, 325 island plots No. 7 (C) shown with m2 794,84 section, No. 325 name plots 6 (E) of Section indicated by M2 486,89, Island No. 3 325 plots (a) shown with Section 28,39 m2, 325 name 4, 5, and 9 of the numbered parcels, plots name No. 1 373 (a) section 756,78 shown with m2, m2 with a surface area of the square numbered 31 to name 4973,94 373, 373 m2 with a surface area of 32 square 852,47 name, 377 Plot No. 6 name (b) M2 188,97 indicated by Section 377 plots name No. 5 (C) shown with m2 55,11 Section 377 square Island No. 7 (D) shown with 911,91 m2 section Of the square island with a surface area of 377 M2 1430,85 No. 9, Plot No. 8 377 island, island 369 1, 2 and 3 m2 respectively numbered parcels 2249,14, 2741,87 m2 and 2495,65 m2 area, 372 Island 3 Parcel (a) indicated 3715,12 m2 Section, 372 Island 1, 2 and 28 parcel 1919,39 m2, 5115,47 m2 and 534,66 m2 area respectively, 375 Island 1 Parcel (B) indicated 13,30 m2 section, 467 Island 1 parcel 1205,24 m2 area, road 11, Road 12, road 13, Road 3, Road 15, road 14, 144,89 m2 road and 266 Island 1 parcel surrounded by OS 69,303044 and 303004 points to the west of parcel 303 Island 2 and real estate called Road 16 and Road 17 and real estate named Creek 1 are included in the real estate specified during provision 60 with forest quality … ,

271 island 21 parcel (C1) indicated by 1117,03 m2 section … son … .. the name of the son and in the name of Plot No. 13 271 (E1) m2 181,56 of the partition shown with the name of the son in the name of the parcel No. 19 271 (B1) M2 617,22 of the partition indicated by the son and into the name of the son, 271 Plot No. 11 Island (D1) represented by m2 565,90 section .. on behalf of her daughter, No. 9 271 island plots (F1) represented by the partition in the name of the son of 1604,12 m2, parcel No. 4 271 name (I1) section m2 shown with 115,42 the son of Abraham, in the name of the name of the square No. 5 271 (J1) shown with 2,06 m2) and (J2) section M2 shown with 586,37 on behalf of the daughter of, 271 Plot No. 6 name (K1) shown with the name of the son of the partition of 2477,98 m2, in Plot No. 18 name 271 (B) 4078,31 shown with the name of the son of the partition m2 in a plot of island No. 10 271 (D) 756,95 shown with M2 (e) M2 305,37 section indicated by the daughter on behalf of, 271 Plot No. 16 name (B1) represented by 6351,14 M2 (G2) is represented by the role of state land in the name of 41,18 M2, 80 the name of the numbered square 306 (R1) m2 1019,57 shown with the name of the son of the partition in the name of the square numbered 11 304 (I1) m2 section of soil with the raw 1337,22 with the tendency shown in the name of No. 6 315 square name (A1) represented by section a role of M2 in the field of 464,15 the name of the son, the H. 323 name 4-numbered square (A1) m2 section of the field shown with the name of the son in a role 300,50, Plot No. 5, H. 323 name (C1) represented by section 2,43 M2 (C) m2 section of the field indicated by the name of the son of 750,44 a role in, 323 plots name No. 6 (E) of Section indicated by the role of raw land in the name of 2,79 m2, plot 324 name No. 5 (B) of Section masonry 3469,48 M2 indicated by a role of the son in the name of the house and garden, 325 8 numbered square name (A1) represented by a section of raw land on behalf of … the role of 384,88 m2, 325 square Island No. 7 (D) section M2 shown with the name of the girl with the skills … … field of 277,58, 325 island parcel No. 6 (F) section M2 shown with the name of the son a role in the field of 207,70, 377 Plot No. 6 name (B1) M2 on behalf of her daughter with the skills section of the field indicated by 1201,95, 377 Plot No. 5 name (C1) represented by the m2 field with the skills on behalf of her daughter 1080,35 section to the registration of the deed, 271 20 numbered square in the case of a non – (A1) represented by m2 348,45 Section 271 name parcel No. 1 (G1) represented by 44,30 m2 section Parcel No. 2 name 271 (H1) m2 parcels shown with 172,35 island No. 10 Section 272 (L1) section m2 shown with 1801,33, Name the numbered 89 to 306 square (n) Section 306 92 numbered square indicated by the name 573,28 M2 (S1) indicated by the square section 305 m2 5392,95 name No. 1 (A1) represented by 1583,23 m2 section 305 of the square numbered 14 Ada (B1) M2 642,22 section indicated by, Ada 305 13 numbered square (C1) represented by Plot No. 12 Name section 305 383,01 m2 (D1) represented by Section 305 m2 plot 264,15 island No. 9 (E1) shown with 1907,67 m2 section Island 305 10, 11, and 15 numbered plots into the plots 304 No. 4 (F1) represented by m2 section 5419,31, Parcel No. 2 304 name (B1) represented by the name 628,88 m2 parcel No. 1 Section 304 (H1) shown with the name of the section 304 m2 1963,78 into parcels No. 3, parcel No. 1 name 315, 325 Island 3 The Square numbered (A1) represented by 126,60 m2 section 325 Island 10, and 11 into numbered plots, 373 square name No. 1 (A1) represented by Section 377 m2 plot 1185,24 island No. 7 (D1) represented by m2 554,95 Section 372 Island 3 The Square numbered (A1) shown with m2 2128,77 section No. 1 Section name of the Section 375 of the plots outside the forest is not the case in relation to breed, in order to complete the usual Cadastral operations in the direction of filling the quantity and property households, it was decided to return the determination minutes to the cadastral Directorate, … the decision to register on behalf of persons by the decision to register real estate with the nature of the forest was appealed to the provision on the grounds that the decision was made, the Court of Cassation 20. Law Offices of Regents 08/04/2013 21 271 name of history — by the decision of numbered square (C1), numbered to 13 name 271 of the square (E1), name of parcel No. 19 271 (B1), 271 Plot No. 11 Island (D1), 271 plots island No. 9 (F1), parcel No. 4 271 island (I1), No. 5 271 name of the square (J1), 271 Plot No. 6 name (K1), Plot No. 18 name 271 (B), island No. 10, plot 271 (D), Name the numbered square 80 306 (R1), 315 Island 6 square numbered (A1) 323 4-numbered square (A1) No. 5 H. 323 name of the square (C1), and (C) plot No. 5 name 324 (B), No. 7 325 square d island), 325 Island 6 parcel (F), 377 Island 6 parcel (B1), 377 Island 5 parcel (C1) marked sections in terms of Appeals; According to the scope of contentious real estate examined the file for the name of a person is determined to see real, immovable or Article 26 of this law regarding the properties of a lawsuit … s 3402/D in accordance in the absence of participation, the appeals contentious parts of the law apply in relation to immovable the side of the case, he can appeal the denial of the petition of a decision made 20 271 square numbered (A1) No. 1 name of the parcel 271 (G1), island No. 2 parcel 271 (H1), 272 island No. 10 plot (L1), 306 89 numbered square to name (N), Name No. 92 306 square (S1), parcel 305 name No. 1 (A1), Island of the square numbered 14 305 (B1), numbered to 13 name 305 square (C1), 305 Plot No. 12 name (D1), island of the square, No. 9 305 (E1), 304 No. 4 plots (F1), the name 304 of parcel No. 2 (G1), 304 name parcel No. 1 (H1), Island 3 325 square numbered (A1), 373 square name No. 1 (A1), 377 island Plot No. 7 (D1), 372 numbered square Island 3 (A1) No. 1 name of the Section 375 of the plots outside the forest section and appeals in relation to appeals decided upon the adoption of the terms have deteriorated.

To comply with the provision in the summary of decision, ”by the court; 271 Island 1, 2 and 20, 272 Island 10, island 89 and 92 306, 305 Island 1, 14, 13, 12 and 9, 304 4, 2, and 1, 325 Island 3, Island 1 373, 377 Island 7, Island 3 372, 375 parcel No. 1 expert in the subject of an appeal reports specified immovable Island, respectively (G1), (H1), (A1), ((L1), (N), (S1), (A1), (B1), (C1), (D1), (E1), (F1), (G1), (H1), (A1) (A1) (D1) and (A1), 375 forest department outside the Department name from the direction of No. 1 of the plots; a forest engineer and a science employee who will be selected from among the forest engineers who are experts in this regard who are not currently working in their affiliated units, except for previous experts, should determine how the real estate was qualified in these documents by applying it to the surrounding land along with the contentious real estate; winning by means of ownership for the benefit of rights holders (713 of the Civil Code. Article 14 and 17 of law 3402. it was mentioned that the need” to investigate whether conditions have occurred”.

After compliance with the decision to disrupt the court, the subject of the lawsuit … village 272 Islands 10, 306 Islands 92 , 89; 271 islands 1 and 325 islands 3 parcels numbered 3528.63 m2, 5775,41 m2, 2358.65 m2, 1679.47 m2 , 154.99 m2 area of real estate with forest quality … registration and registration in the name of the deed,

Subject of the case … village 305 island 14 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (B1) indicated by 642.02 m2 section raw soil quality, (B) indicated by 423.29 m2 section forest quality … on behalf of the registration and registration of the deed,

Subject of the case … village 377 Island 7 parcel science expert … … 06/12/2011 wire transfer report attached to the sketch (D) 911.91 m2 section shown with forest quality, (D1) 554.95 m2 section shown with raw soil quality … on behalf of the registration and registration of the deed,

Subject of the case … village 271 island 20 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (a) indicated by the 3421,92 m2 section (J) indicated by the letter 43.81 m2 section forest quality … on behalf of, (A1) indicated by the 348.45 m2 section field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 271 Island 2 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (H) indicated by 787.56 m2 section of forest quality … on behalf of, (H1) indicated by 172.35 m2 section of field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 305 Island 1 parcel science expert … … 06/12/2011 wire transfer report attached to the sketch (A) indicated by 420.70 m2 section of forest quality … on behalf of, (A1) indicated by 1583.23 m2 section of field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 305 island 13 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (C) indicated by 228.11 m2 section of forest quality … on behalf of, (C1) indicated by 383.01 m2 section of field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 305 Island 12 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (D) indicated by 178.90 m2 section of forest quality … on behalf of, (D1) indicated by 264.15 m2 section of field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 305 Island 9 parcel science expert … … 06/12/2011 wire transfer report attached to the sketch (E) indicated by 2611.53 m2 section of forest quality … on behalf of, (E1) indicated by 1907.67 m2 section of field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 304 Island 1 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (H) indicated by 1335,90 m2 section forest quality … on behalf of, (H1) indicated by 1963,78 m2 section field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 304 Island 2 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (G) indicated by 23.12 m2 section of forest quality … on behalf of, (G1) indicated by 628.88 m2 section of field quality … son … on behalf of the deed registration and registration,

Subject of the case … village 304 Island 4 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (F) indicated by 1452.61 m2 section of forest quality … on behalf of, (F1) indicated by 5419.31 m2 section of field and kargir 2 pieces of house quality … son … on behalf of the deed registration and registration,

Subject of the case … village 373 Island 1 parcel science expert … … 06/12/2011 transfer dated report attached to the sketch (A) indicated by 756.78 m2 section of forest quality … on behalf of, (A1) indicated by 1185.24 m2 section of field quality … son … on behalf of the deed registration and registration,

The subject of the case … is the science expert in the village 375 Island 1 parcel….. 06/12/2011 in the sketch attached to the transfer report (B) on behalf of the forest character of the 13,30 m2 section indicated by (B1) on behalf of the field character of the 8818,29 m2 section indicated by … son … on behalf of the registration and registration of the deed,

Subject of the case … village 372 Island 3 parcel science expert … … 06/12/2011 wire transfer report attached to the sketch (A) indicated by 3715.12 m2 section forest quality … on behalf of, (A1) indicated by 2128.72 m2 section field quality … on behalf of the daughter … on behalf of the deed registration and registration was decided, the decision was appealed by the defendant….

According to the statement in the petition, the case relates to an appeal to the forest Cadastre and the determination of the cadastre.

Forest cadastre where contested real estate is located, 3402 Law No. 5304 Law No. 4. according to the provisions of Article reviewed.

Conclusion: as a result of the examination and research carried out by the expert forest expert in accordance with the method based on old dated air photos and hometown map, the contentious real estate is subject to appeal, it is understood that the parts decided to register on behalf of the defendant real persons are from places not considered forest, and for the benefit of persons who have decided to register on behalf of law 3402 14. in accordance with Article 13/J of the law on fees, it was decided unanimously on 09.03.2016 that there is no place to take fees in accordance with the amended Article 13 / J of the law, since there is no hit in the establishment of the provision in written form by determining that the conditions for acquiring real estate are formed by means of the statute of limitations of earners written in the article, the rejection of Appeals that are not seen in place.