An appeal was made to the Second Civil Chamber regarding the decision to lift a mortgage in a case heard by the Family Court. The appeal was dismissed in accordance with Article 440 of the Code of Civil Procedure, as none of the reasons listed in the mentioned article applied to the case. Pursuant to Article 442/3 of the same Code, the amount of the penalty specified in this article has been increased by Law No. 5252, and the penalty has been transformed into an administrative fine by Law No. 7. Additionally, according to Article 17/7 of Law No. 5326 on misdemeanors, administrative fines will be increased by the inflation rate determined for each year. Consequently, the fine amount of 490.00 TL and the compulsory fee of 123.60 TL under the Fees Law shall be borne by the applicant requesting a correction of the decision, and the advance fee shall be offset.
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Yargıtay 2. Hukuk Dairesi 2021/9461 Esas 2021/9209 Karar Sayılı İlamı
DAİRESİ : 2. Hukuk Dairesi
ESAS NO : 2021/9461
KARAR NO : 2021/9209
KARAR TARİHİ :