01 May Supreme Court Decision On Auction Specification
Supreme Court of the Republic of Turkey 12.Legal Department Basis: 2010 / 33354 Decision: 2011 / 15606 Decision Date: 07.07.2014
Supreme Court Decision
Court: Küçükçekmece 1. Executive Law Court
Above, the date and number of the written court decision within the period of the appeal examination by the debtor after the request of the file related to this work was sent to the apartment from the scene and the need was discussed and considered :
124/3 Of The Executive Bankruptcy Code. according to the article, it is written in the specification that those who will participate in the increase must deposit a pey fund or a letter of guarantee of a National Bank in relation to twenty percent of the Muhammad value of the real estate. 124/4 of the same act. according to the article, the creditor who has the right to the real estate for sale will receive, and in the relative raddah written in the above paragraph, if he is a subsidiary to increase, he will also not seek Pey funds and collateral.
In a concrete case, the value of the real estate subject to sale is 180,000 UAH according to the expert report dated 15.08.2008. as determined, 36,000 UAH of collateral to be obtained for participation in the auction announcement and increase in the real estate specification. it has been determined that. In this case, it is necessary to deposit the collateral determined to participate in the tender. If the amount of credit of the file creditor is sufficient to cover the guarantee, no collateral is required. If the amount of receivables is not sufficient to cover the guarantee, in this case the missing part is completed and accepted to tender.
In that case, the court examined the complaint in this direction and determined whether the creditor’s claim on the Tender Date met the amount of collateral, while a decision should be made according to the result that would occur, it was not considered correct to go to the conclusion in writing with the incomplete review.
Conclusion: 366 of the law on enforcement and Bankruptcy for the above-written reasons of the court’s decision on the acceptance of the debtor’s appeals. and 428 of the Code of Civil Procedure. it was decided by unanimous decision on 07/07/2011.