TO ISTANBUL REGIONAL COURT OF COURT ( ) LAW OFFICE
To be sent
ISTANBUL ANATOLIA ……….. COURT OF EXECUTIVE COURT
FILE NO: ……….E. ……… K.
DEFENDANT: ………….. A.Ş.
ATTORNEYS:
Plaintiff:
ATTORNEY:
SUBJECT : Our petition of appeal.
DESCRIPTIONS :
By the plaintiff, Istanbul Anadolu …… Execution Directorate …………. As a result of the dismissal of the objection to the file no. E, the judgment of the lawsuit filed with the request for the eviction and delivery of the immovable, by the Local Court,
”1-The Defendant ……………………….
2- ACCEPTANCE of the case from the point of view of the Defendant ……………….. Anonim Şirketi, the removal of the objection made by this defendant to the file numbered …………… of the Istanbul Anatolian 24th Enforcement Office, and the continuation of the proceedings,
3- There is no room for a decision on the merits of the eviction request, which is left without issue in terms of the Defendant ………….. Joint Stock Company,
4- The defendant …………. to be taken from A.S. and given to the plaintiff,”
Decided.
The said decision is against procedure and law. Namely;
In the court decision; Since the immovable was not delivered to the plaintiff as empty, the client company is responsible for the rental costs, in terms of ……….. Ltd Şti, the signature of this defendant in the lease agreement dated ……….., that he is not responsible for the rent payments as sub-tenant, in the concrete case, the sub-tenant’s leased property is the main one. It is stated that there is no finding that the tenant uses it in a way other than that given to the tenant and that there is no transfer of the rental relationship between the defendants.
However, in Article 4 of the Rental Contract concluded between the parties, titled ‘Conditions for the Purpose of Use and Actual Delivery of the Property’;
” The property will operate as a fuel and autogas sales and service station under the brands and logos to be determined and determined individually by ……… or ………..
The Lessor agrees and undertakes that the operation of the fuel autogas sales and service station subject to this lease right will be carried out by ………….. or exclusively through real or legal persons to be appointed by ………….. The lessor has accepted in advance that he has no discretion in this matter.
If this contract is not renewed at the end of its term and the parties agree on the termination, necessary coordination shall be provided for the transfer of the Business Opening and Operating License of the Second Class Workplaces, issued on behalf of the Operator/Dealer, regarding the operation of the fuel and autogas sales station established on the property to the Owner.
is called. Therefore, the owner has accepted in advance that the fuel station located on the immovable will be operated by another company (in the concrete case, the other defendant ………. Ltd Şti), and in such a case, the responsibility of the client company will be determined only by the fact that the Business Opening and Operating License of the Second Class Workplaces issued on behalf of the Operator/Dealer. He declared and committed to ensure the necessary coordination for his transfer to the Owner.
At this point, in the event of termination of the dealership agreement between the client company and the other defendant ………..Ltd Şti, and ultimately at the end of the lease agreement, the obligation to evacuate and deliver the real estate is the other defendant …………… Ltd Şti. The only obligation of the client company is to provide the necessary coordination for the transfer of the GSM license.
As a matter of fact, upon the termination of the dealership agreement, Istanbul Anatolian 2nd Commercial Court of First Instance against Ahmet Öztürk Ltd Şti. E. The case of prevention of seizure over the file numbered E. ………… E. The case was settled, the case was followed by the creditor as intervening party, as a result of the trial of this case;
”With the acceptance of the case; to prevent the defendant from intervening in the property of the plaintiff company with the title of the lessor of the ………………………….
The decision was made, and an appeal was filed against the aforementioned decision by the defendant. The decision has not been finalized yet.
The obligation of the client company to pay is ……………., which is the expiry date of the lease agreement. expired on.
The possession of the immovable is not in the client company, the other defendant …………………………. ‘ he says.
It should be noted that; There is no price paid by …………Ltd Şti to the client company after the termination of the dealership agreement. ………….. Ltd Şti continued to use the real estate unfairly and without paying any price. At this point, the party that uses the immovable, has the obligation to pay the price and needs to be evicted from the immovable is the other defendant ……………… Ltd Şti.
The reasoning of the Local Court that “in the concrete case, there is no finding that the sub-tenant used the leased property in a way other than that granted to the main tenant” is also not appropriate. Because ………………… Ltd Şti removed the emblems and logos of the client from the immovable, operating under the brand of another distributor company and occupied the immovable unjustly. Even just this matter, the immovable …………. It is a clear indication that it is not used as agreed by Ltd Şti.
Against the client company by the Local Court
It is also wrong to rule on execution denial compensation. Necessary conditions have not been formed for the award of execution denial compensation. This aspect of the decision should also be abolished.
CONCLUSION AND REQUEST: For the reasons explained above;
Defendant
