TO THE COURT OF FIRST INSTANCE
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS :
SUBJECT : It consists of the compensation of the loss suffered by our client, who is in the position of a benevolent third party, due to the cancellation of the title deed of the immovable subject to the lawsuit, and the demand for the recovery of the immovable value of …… TL, which he paid to the defendant.
CASE VALUE:
(in cases related to assets)
DESCRIPTIONS :
1-) Our client’s apartment numbered …… belonging to the defendant …./…./…. on …. Bought for TL. (ANNEX 1)
2-) After our client has purchased the immovable that is the subject of the lawsuit, the immovable value of ….. TL is paid by the defendant to …. Base …. Branch deposited in the account of ….. and took the title deed of the real estate. (Annex – 2)
3-) Again, regarding the aforementioned real estate, the lawsuit for cancellation and registration of title deed filed by ….., who is a non-litigation real person, with the allegation that the real estate was sold with fake power of attorney and illegal transaction ……. Court’s decision dated …./…/… and the registration on our client’s name in the land registry was cancelled. (Annex – 3)
4-) Our client is in the position of a bona fide third person who purchased the immovable property subject to the lawsuit from the defendant, within the scope of Article 1023 of the Civil Code, and is in a position not to know that the defendant has acted with a false power of attorney, because the defendant is known to a relative of our client and, based on the trust relationship, our client Before purchasing the real estate, he did not make a detailed research on the forgery of the power of attorney.
6-) For all these reasons, 4721 S. K. m. Pursuant to the provision of 1023, the obligation to file this lawsuit has arisen in order to ensure that the client is compensated for the damage suffered and the immovable price paid is recovered from the defendant defendant.
LEGAL REASONS :
LEGAL EVIDENCE:
1-) Land Registry
2-) Bank Receipts
3-)……. Deed cancellation and registration decision of the Court dated …./…/…
4-) Expert Review
CONCLUSION AND CLAIM: For the reasons explained above, without prejudice to our right to the surplus, the defendant was sentenced to pay a total compensation of …… TL (The claim for the value of the case, “reserving the rights regarding the surplus” or whether the case value is contentious; Although it may vary according to the petition, the relevant requests should be evaluated on the basis of your concrete case.) We respectfully request your Supreme Court to decide that the litigation expenses and attorney’s fee be charged to the other party.
ADDITIONAL:
1-) Land Registry
2-) Bank Receipts
3-)……. Deed cancellation and registration decision of the Court dated …./…/…
4-) One copy of approved power of attorney.
Plaintiff’s Attorney
Lawyer
