TO THE JUDICIARY OF THE COURT OF COURT,
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS :
SUBJECT : This is our petition which includes the cancellation of the immovable promise contract for sale due to the impossibility of performance and the request for the refund of the price paid to the defendant.
.
CASE VALUE:
(in cases related to assets)
DESCRIPTIONS :
1-) The defendant has committed to sell the flat under rough construction to our client with the real estate sales promise contract (ANNEX-1) drawn up ex officio between our client and the defendant in the form of an ex officio arrangement with the journal number ….. at the … … Notary on …/ …/ …. Based on this, our client paid … TL to the defendant. (ANNEX-2)
2-) The contract between our client and the defendant …/…/…. Although it was decided to give a waiver in the title deed on the (ANNEX-3)
3-) As a result of the evaluation of all the above-mentioned issues as ashes, due to the fact that the performance of the relevant immovable promise contract for sale has become impossible, the price paid to the defendant and the price paid to the defendant, as of the date of the lawsuit, must be determined by adapting to today’s conditions and collected from the defendant. For this reason, it has become necessary to apply to your Court.
LEGAL REASONS: 6098 S. K. m. 146, 4721 S. K. m. 706, 1008, 1009
LEGAL EVIDENCE:
1-) Promising Real Estate Sales Contract dated …/ …/ …
2nd-) …/…/…. Receipt of payment
3-) Land registry records
RESULT AND REQUEST: For the reasons explained above; We request, by proxy, on behalf of our client, that the notary public’s cancellation of the real estate sales promise contract dated …/ …/ … and the price paid to the defendant, in accordance with the principle of equalizing justice, are determined by adapting to today’s conditions as of the date of the lawsuit, and that the defendant’s collection, litigation fees, expenses and attorney’s fee be charged to the defendant. …/ …/ …
Plaintiff’s Attorney
Hunting.
ATTACHMENTS:
1-) Promising Real Estate Sales Contract dated …/ …/ …
2nd-) …/…/…. Receipt of payment
3-) Land registry records
4-) One copy of approved power of attorney
