T.C.
Supreme
11. Legal Department

Principal No: 2014/12697
Decision No: 2015/10020
Decision Date: 6.10.2015

Malatya 4. Examination of the decision no. 2012/483-2013/323 of 12/09/2013 issued by the court of first instance by the Court of Cassation. S.. with S.. P.. after hearing the report prepared by the examination Judge for the case file, the petition, the proceedings, the minutes of the hearing and all the documents in the file have been read and examined, the work was discussed and considered as necessary.:
Attorney of the plaintiff, the client of the company’s sole property, 1270 immovable, which is the board of directors and auditors of the period, and the defendant company in violation of the law is sold as muvazaali far below its value, in return for this sale, the company’s safe money entry is not, the company is actually emptied, the same. K.. and Y.. S..claiming that 111 apartments were given to the defendant company, that there is a possibility of selling the real estate in question to a reputable third party, the cancellation of illegal Real Estate Registration made on behalf of the defendants, registration on behalf of the plaintiff company, placing an unsecured measure on the real estate subject of litigation, the possibility of selling the real estate for now 224.000 TL
The attorneys for the defendants requested the dismissal of the case.
According to the scope of the court, the claim, the defence and the entire file, the TCC’s 341. in accordance with Article 8 of the agenda of the General Assembly meeting held on 08.07.2000, there is no decision taken by the General Assembly or the demand of shareholders with 1/10 of the main capital in the concrete case, on the other hand, the auditors of the company do not open the case being seen, therefore, the plaintiffs do not have the ability to open the case the board of directors was authorized by the General Assembly to perform the disclosure, tevhit, abandonment operations of the real estate registered in the name of the company, to sell the related real estate to anyone at any price and conditions with or without shares, wholesale or piecemeal, to receive the sale price, to the relevant land registry offices, to give the title deed ferağlarını, on 18.04.2002 by the board of directors. He..the sale process, which has been authorized individually and which is subject to litigation, is the 6th of the General Assembly meeting of the board of Directors of the Company dated 24.04.2003.Article 309 of the Turkish Commercial Code. it was decided to dismiss the case on the grounds that the statute of limitations set out in the article had expired.
Decision of the plaintiff company attorney and fer to intervene Y.. S.. with S.. P.. he appealed.
1-the case is related to the demand for compensation if the real estate, which is the sole asset value of the plaintiff company, was sold to the members of the board of directors and supervisory board of the period and to third parties, but this money did not enter into the company vault, the defendant’s acquisition of the real estate of the company is not legal, sales and transfers. P..’s request is denied. However, the plaintiff wants to join the case alongside S.. P..while the provision should be established for the prosecution company’s involvement in the case of the bearer of muharrer 100 shares in the possession of the share voucher, and therefore it is understood that it has legal benefit in this case, the rejection of this request by the interim Dec.dated 11/09/2013 was not correct.
2-according to the reason and form of the annulment, it is not necessary to examine the other appeals of the representatives of the party for the time being.
Conclusion: for the reason described in the paragraph (1) Above, S.. P..it was unanimously decided on 06/10/2015 that there is no room for the examination of the other appeals appeals of the representatives of the parties for the reasons described in Paragraph (2), and that the advance fees paid for the appeals will be returned to the appellants in case of their request.