Petition For Appeal
TO ISTANBUL REGIONAL JUDICIAL COURT ( ) LAW DEPARTMENT
To Be Sent
ISTANBUL ANATOLU ……….. EXECUTION LAW COURT
FILE NO : ……….E. ……… K.
DEFENDANT : ………….. A.Ş
DEFENDANTS :
DEFENDANT :
DEFENDANT :
SUBJECT : Our petition for appeal.
EXPLANATIONS :
By the plaintiff, Istanbul Anatolia …… …………. E. As a result of the trial of the lawsuit filed with the request for the removal of the objection to the file numbered E., evacuation and delivery of the immovable, the Local Court,
“1-DISMISSAL of the lawsuit filed against the defendant …………………Sanayi Ticaret Limited Sirketi,
2-Acceptance of the lawsuit in terms of the defendant ……………….. Joint Stock Company, removal of the objection made by this defendant to the file numbered …………… of Istanbul Anatolia 24th Execution Office, and continuation of the proceedings,
3- Defendant ………….. Incorporated Company, there is no need to decide on the merits of the evacuation request,
4-The compensation of ……….TL at the rate of 20% of the actual claim subject to follow-up from the defendant ……………. A.S. to be given to the plaintiff,”
A decision has been rendered.
The aforementioned decision is contrary to the procedure and the law. Namely;
In the court’s decision; the client company is responsible for the rental fees on the grounds that the immovable was not delivered to the plaintiff as empty, ……….. Ltd. Şti, this defendant’s signature is not found in the lease agreement dated ……….., he is not responsible for the lease payments as a sub-tenant, there is no evidence that the sub-tenant uses the leased property in a manner other than that granted to the main tenant in the concrete case and there is no transfer of the lease relationship between the defendants.
However, in Article 4 of the Lease Agreement concluded between the parties titled ‘Intended Use and Conditions for the Actual Delivery of the Premises’;
“The premises will be operated as a fuel and autogas sales and service station under the brands and logos to be determined and determined by ……… or ……….. individually.
The Lessor has accepted and undertaken that the operation of the fuel oil and autogas sales and service station subject to this lease right will be carried out by ………….. itself or exclusively by ……….. … through real or legal persons to be appointed. The Lessor has accepted in advance that it has no discretion in this regard.
In the event that this agreement is not renewed at the end of its term and the parties agree on termination, the necessary coordination will be provided for the transfer of the Business Opening and Operation License of the Second Class Workplaces issued on behalf of the Operator / Dealer for the operation of the fuel and autogas sales station established on the compound to the Owner.”
is said. Therefore, the owner has accepted in advance that the fuel station established on the immovable will be operated by another company (in the concrete case, the other defendant ………. Ltd Şti), and in such a case, the client company has declared and undertaken that the responsibility of the client company is only to provide the necessary coordination for the transfer of the Workplace Opening and Operation License of the Second Class Workplaces issued on behalf of the Operator / Dealer 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 term of the lease agreement, the obligation to evacuate and deliver the immovable 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 termination of the dealership agreement, Ahmet Öztürk Ltd. filed a lawsuit against Ahmet Öztürk Ltd. at Istanbul Anatolia 2nd Commercial Court of First Instance ………. E. ………… E. numbered file of the Istanbul Anatolian 2nd Commercial Court of First Instance, the case was followed by the creditor side as an intervener, and as a result of the trial of this case;
“With the acceptance of the lawsuit; the defendant, the plaintiff company has the title of lessor …………………….. Parcel numbered immovable property and the fuel station located on it”
and the defendant filed an appeal against the aforementioned decision. The decision has not yet been finalized.
The client company’s obligation to make payment ended on ……………., the date the lease agreement expired.
The possession of the immovable property is not with the client company, but with the other defendant ……………………..
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 immovable property as an unjust occupier and without paying any compensation. At this point, the other defendant ……………… Ltd Şti is the party that uses the immovable, has the obligation to pay the price and should be evicted from the immovable.
The reasoning of the Local Court that “in the concrete case, there is no evidence that the sub-tenant used the leased property in a manner other than that granted to the main tenant” is also not appropriate. Because ………………… Ltd Şti removed the emblems and logos belonging to the client on the immovable property, operated under the brand of another distributor company and occupied the immovable property unfairly. This issue alone shows that the immovable property …………. Ltd Şti did not use the immovable property in the agreed manner.
It is also erroneous for the Local Court to award a denial of execution compensation against the client company. The necessary conditions for the awarding of denial of execution compensation have not been met. The decision should be reversed in this respect as well.
CONCLUSION AND REQUEST : For the reasons explained above;
Defendant
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