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 decisively 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.
after the case is assembled with the case of the plaintiff … …s opened, the court opened the trial that the denial of the plaintiff, the plaintiff s lawsuit … … … … the admission of expert and science in the sketch attached to the report dated 20 numbered 271 06/12/2011 Money Order plots (A) and m2 shown with 3421,92 (J) sections indicated by 43,81 M2, 271 plots No. 21 name (C) shown with 850,38 m2 and (H) M2 236,95 indicated by sections 13 to name the square numbered 271 (E) section, indicated by 673,03 M2, Plot No. 19 name 271 (B) m2 and 1482,27 indicated by (I) represented by m2 175,06 section, 11 271 to name the numbered square (D) m2 38,39 shown with Section 271 square Island No. 9 (F) M2 52,86 indicated by Section name, parcel No. 1 271 (g) m2 1635,17 indicated by Section 271 numbered square Island 2 (h) section, indicated by 787,86 M2, 3 m2 of surface area of the parcel as 1855,83 island No. 271, 271 plots island No. 4 (I) represented by the name m2 plot No. 5 662,92 Section 271 (J) section, indicated by 1095,73 M2, Name 6 271 numbered square (K) 3,02 M2 indicated by Section name 271 plots No. 18 (a) section shown with 1256,21 m2, 271 plots island No. 10 (C) shown with 2876,06 m2, 16 numbered square name 271 (G) section, indicated by 1528,31 m2, plot No. 17 name 271, 272 island Plot No. 10 (L) section 306 m2 to 89 1727,30 shown with the name of the numbered square (O) gosterilen1005,19 m2, and (P) No. 92 306 M2 780,18 portions indicated by the name of the parcel (S) 80 m2 382,46 shown with the name of numbered square section 306 (R) shown with 554,90 m2 section No. 81 m2 of surface area 306 square 3762,63 name as name No. 1 plots the 305 (A) of Section shown with 420,70 m2, Island 305, Plot No. 14 (B) section, indicated by 423,29 M2, 305 plots No. 13 name (C) section shown with 228,11 m2, Ada 305 12 numbered square (D) Section 305 m2 178,90 shown with Square island No. 9 (e) indicated by the name M2 No. 4 parcels 2611,53 section 304 (F) section, indicated by 1452,61 M2, 304 parcel the name No. 2 (g) m2 23,12 indicated by Section name in square 304 No. 1 (h) section, indicated by 1335,90 M2, Name plots 304, No. 11 (I) represented by the Department of 43,73 M2, 303 parcels 1 and 2 are numbered island, Name No. 6 plots 315 (a) m2 8,39 shown with Section 323 plots island No. 4 (A) shown with 286,69 section m2, Plot No. 5, H. 323 name (b) indicated by 777,44 m2 and (F) of Section shown with 13,81 m2, plot No. 6 323 name (D) m2 1542,72 shown with Section 324 plots the name No. 5 (A) shown with 795,30 m2 section 325 plots island No. 8 (a) m2 584,14 shown with Section 325 plots island No. 7 (C) shown with 794,84 m2 section, No. 325 6 plots the name (E) section, indicated by 486,89 M2, 325 plots island No. 3 (A) shown with 28,39 m2 section 325 name 4, 5, and 9 of the parcels numbered, 373 No. 1 name in the plots (A) m2 756,78 shown with Section 31 m2 with a surface area of numbered square to name 4973,94 373, 373 m2 with a surface area of 32 square 852,47 name, name, Plot No. 6 377 (B) M2 188,97 indicated by Section name No. 5 377 plots (C) shown with 55,11 m2 section 377 of the island, the square No. 7 (D) shown with 911,91 m2 section 1430,85 island with a surface area of 377 square M2 No. 9, Plot No. 8 island, 377, 369 Island 1, 2 and 3 respectively numbered parcels 2249,14 M2, 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) is shown with the partition of m2 181,56 the name of the son in the name of the parcel 271 No. 19 (B1) M2 617,22 indicated by the partition of the son, and of the son into the name, Plot No. 11 271 island (D1) represented by m2 565,90 section .. her daughter, on behalf of island No. 9 271 plots (F1) m2 1604,12 of the partition represented by the name of the son in the name of 271 parcel No. 4 (I1), m2 section shown with the name of the son of Abraham 115,42 in the name of the square, No. 5, 271 (J1) shown with 2,06 m2) and (J2) on behalf of the section shown with the daughter of 586,37 m2, plot No. 6 name 271 (K1) in the name of the son of 2477,98 shown with the partition of m2, plot No. 18 name 271 (B) shown with the partition in the name of the son of 4078,31 m2, island No. 10, plot 271 (D) shown with 756,95 M2 (E) section, indicated by the daughter of 305,37 M2, on behalf of, 271 Plot No. 16 name (G1) represented by 6351,14 M2 (G2) m2 41,18 represented by the role of state land in the name of, 306 80 name the numbered square (R1) m2 1019,57 shown with the name of the son of the partition in the name 11 of 304 numbered square (I1) with the tendency shown with raw 1337,22 m2 section of the soil in the name of the name of the 315 square No. 6 (A1) represented by the name of the son of a role 464,15 m2 section of the field in the H. 323 name 4-numbered square (A1) shown with a role of the son in the name of the field of 300,50 m2 section, Plot No. 5, H. 323 name (C1) represented by 2,43 m2 with Section (C) section of the field indicated by the name of the son of M2 750,44 a role in the H. 323 name plots No. 6 (E) of Section indicated by the role of raw land in the name of the 2,79 m2, plot No. 5 name 324 (B) of Section indicated by M2 masonry 3469,48 a role of the son in the name of the house and garden, 325 8 name the numbered square (A1) represented by the role of the M2 section of raw land … 384,88 on behalf 325 square Island No. 7 (D) shown with the name of the girl with the skills section 277,58 M2 field of … … , Island parcel No. 6 325 (F) of Section shown with a role of the son in the name of the field 207,70 m2, plot No. 6 377 the name (B1) section, indicated by the field with skills on behalf of her daughter 1201,95 m2, plot No. 5 377 name (C1) represented by the field with the skills on behalf of her daughter 1080,35 m2 section to the registration of the deed, 271 numbered square 20 in the case of non – (A1) represented by m2 348,45 Section 271 parcel name No. 1 (G1) represented by m2 44,30 section Name 271 parcel No. 2 (H1) Section 272 172,35 parcels shown with Island No. 10 m2 (L1) m2 section shown with 1801,33, 89 306 to name the numbered square (n) Section 306 92 M2 573,28 the name indicated by the numbered square (S1) indicated by the name the No. 1 m2 square 5392,95 Section 305 (A1) represented by m2 1583,23 Section 305 of 14 Ada numbered square (B1) section, indicated by 642,22 M2, Ada 305 13 numbered square (C1) represented by the name 383,01 Section 305 m2 plot No. 12 (D1) m2 plot No. 9 island 264,15 represented by Section 305 (E1) shown with 1907,67 m2 section Island 305 10, 11, and 15 into numbered plots, 304 No. 4 plots (F1) represented by m2 5419,31 section, 304 parcel the name No. 2 (G1) represented by the name Section 304 m2 628,88 parcel No. 1 (H1) section 304 m2 1963,78 shown with the name No. 3 into parcels, parcel No. 1 name 315, 325 numbered square Island 3 (A1) represented by m2 126,60 Section 325 Island, 10 and 11 into numbered plots, the No. 1 name of 373 square (A1) represented by 1185,24 Section 377 m2 plot No. 7 island (D1) m2 554,95 represented by a section numbered square 372 Island 3 (A1) shown with 2128,77 m2 section name Section 375 of the plots outside of the forest section No. 1 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. Name history Regents of the law offices of numbered square 08/04/2013 by decision of 21 — 271 (C1), 271 name of the square number of 13 (E1), 271 No. 19 name of the parcel (B1), 271 island Plot No. 11 (D1), No. 9 271 island plots (F1), 271 island of parcel No. 4 (I1), 271 No. 5 name of the square (J1), 6 Plot No. 271, name (K1), Plot No. 18 name 271 (B), island No. 10, plot 271 (D), 80 306 name of numbered square (R1), 6 315 numbered square Island (A1), H. 323 4-numbered square (A1), H. 323 name of the square, No. 5 (C1) and (C), plot No. 5 name 324 (B), 325 square Island No. 7 (D), 325 Island 6 parcel (F), 377 Island 6 parcel (B1), 377 Island 5 parcel (C1) marked sections in terms of Appeals; Contentious real estate according to the scope of the file is examined for the name of a person determined to see real, immovable or 3402 Article 26 of this law regarding the properties of a lawsuit … s/D in the absence of participation in accordance appeals contentious parts of the law apply in relation to the side of the case can appeal the denial of the petition of immovable he made a decision, 271 20 numbered square (A1), name of the parcel 271 No. 1 (G1), 271 island parcel No. 2 (H1), island No. 10, plot 272 (L1), 306 89 to name the numbered square (N), Name of 306 square No. 92 (S1), the No. 1 name of 305 square (A1), 14 305 island of numbered square (B1), 305 13 to name the numbered square (C1), 305, Plot No. 12 name (D1), island of 305 square, No. 9 (E1), 304 No. 4 plots (F1), the name of the parcel 304 No. 2 (G1), 304 No. 1 name of the parcel (H1), 325 numbered square Island 3 (A1), 373 square No. 1 name (A1), 377 Plot No. 7 island (D1), 372 numbered square Island 3 (A1) Outside of the forest section No. 1 name Section 375 of the plots in relation to appeals and Appeals decided upon the adoption of the terms have deteriorated.
To comply with the provision in the summary of the decision, ”by the court; 271 Island 1, 2 and 20, 10 272 island, island 89 and 92 306, 305 Island 1, 14, 13, 12 and 9, 304 4, 2 and 1 Island 3 325, 373 Island 1, Island 7 377, 372 Island 3, No. 1 the subject of an appeal specified in the immovable island parcel 375 expert reports, respectively (G1), (H1), (A1), ((L1), (N), (S1), (A1) (B1), (C1), (D1), (E1), (F1), (G1), (H1), (A1) (A1) (D1) and (A1), 375 outside of the plots from the direction of the Forest Department Name Department No. 1; 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 Dec. 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.
