TO THE COURT OF FIRST INSTANCE JUDGE
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS :
CASE VALUE:
(in cases related to assets)
SUBJECT : The expenses made by our plaintiff client
back under the provisions of unjust enrichment.
It is only our will to receive it.
DESCRIPTIONS :
1-) Of the independent sections given to him by the construction contract in return for the flat he signed with the contractor … …, the defendant … 1) and sold it to our client. In …, the non-litigation contractor abandoned the construction due to the economic crisis he was experiencing, and therefore the construction stopped for … months. … of the Tribunal. …/…/… T. ../… D. This situation has been determined with the determination file with job number, and the sample of the verdict is attached. (Annex-2) Our client has completed the construction of the independent section he purchased with his own means. This matter will be clarified by the statements of our witnesses, whose names and addresses are included in the attached witness list (Annex-3), to be given before your court.
2-) As a result of the lawsuit filed by the defendant at the Civil Court on …/ …/ …, the title deed of the independent section that our client received from the contractor out of action was cancelled. The decision of the … Court numbered …/…/… T. …/ … E. …/ … K. is also attached. (ANNEX-4)
3-) The following regulation is included in article 77 of the Turkish Code of Obligations No. 6098;
“A person who becomes rich from the wealth or labor of another without a just cause is obliged to give back this enrichment. This obligation arises especially if the enrichment is based on an invalid or unrealized or expired cause.”
4-) Our client spent … TL to finish the construction of the independent section, which he received from the contractor out of action and which was the subject of the annulment decision of the Court of ……. For the reasons we have tried to explain, it has become obligatory to apply to your court in order to collect the expenses made by our client from the defendant in accordance with the provisions of unjust enrichment.
LEGAL REASONS: 6098 S. K. m. 77, 78, 79, 80, 81, 82.
LEGAL EVIDENCES: 1-)…
contract
2nd-) . … of the Tribunal. …/…/… T. ../… D. Job No.
3-) Witnesses will testify with their names and addresses.
Witness list showing the subjects,
4-) Court of …/…/… T. …/ … E. …/ … K.
writ
CONCLUSION AND REQUEST: Due to the reasons explained above, our client’s … TL. On behalf of our client, we respectfully request that the cost be collected from the defendant and paid to our client in accordance with the provisions of unjust enrichment, together with the legal interest to be accrued from the date of the lawsuit (it may change according to the request), that the litigation expenses and attorney’s fee be charged to the other party, and that a decision be made on behalf of our client. …/ …/ …
ANNEXES: 1-)… Real Estate Sales Agreement dated …/ …/ … of the Notary Public
2nd-) . … of the Tribunal. …/…/… T. ../… D. Job No.
3-) The names and addresses of the witnesses and the subjects they will testify
shows witness list,
4-) Judgment of the Court numbered …/…/… T. …/ … E. …/ … K.
5-) One copy of approved power of attorney.
Plaintiff’s Attorney
Lawyer
