Yargıtay 12. Hukuk Dairesi 2010/29629 Esas 2011/10362 Karar Sayılı İlamı

Özet:

An Ağrı Execution Court decision dated 30/12/2009, numbered 2009/91-2009/167, was upheld by the 12th Legal Chamber with the decision of the panel dated 15.7.2010, numbered 7005/19370. Following the request of the defendant to correct the decision, the file was sent to the panel. After examining the legal grounds and documents in the case, the request for correction was deemed unfounded and in violation of HUMK Article 440. Therefore, according to IIK Article 366 and HUMK Article 442, a penalty fee of 190.00 TL will be collected from the requester and transferred to the treasury, and the rest of the fee (35.50 TL) will be deducted from the current fee and the remaining amount (2.70 TL) will be collected from the requester. The decision was made unanimously on 24.05.2011.
The relevant legal provisions mentioned in the decision are as follows:
-HUMK Article 440: Requests for correction of the decision must meet one of the four conditions set forth in this article.
-IIK Article 366: Fees for appeals, correction requests, and other legal proceedings are determined by law.
-HUMK Article 442: If the request for correction of the decision is deemed unfounded, a penalty fee may be imposed on the requester.