CLAIM LAWSUIT DUE TO UNJUST ENRICHMENT

TO THE COURT OF FIRST INSTANCE

 

 

prosecutor :

 

TC IDENTIFICATION 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 his assets)

 

SUBJECT: The plaintiff claims that the expenses incurred by our client

according to the provisions of gratuitous enrichment back

it’s just that we want it to be taken away.

INSTRUCTIONS :

 

1-) Out-of-court contractor … … the defendant … … sold the independent part located on the island … parcel from the independent parts given to him by the construction contract in exchange for the floor he signed with our client with the real estate sales agreement dated / … // of the Notary’s Office (ANNEX-1). … in the year, the out-of-court contractor abandoned the construction due to the economic crisis he was experiencing, and so the construction stopped … for a month. … Of the Court . …/…/… T. ../… D. This situation has been determined with the numbered work detection file and the sample of the study is october. (ANNEX-2) Our client has completed the construction of the independent department he has purchased with his own means. October 3) This issue will be clarified by the statements of our witnesses, whose names and addresses are included in the witness list presented in October (APPENDIX-3), which they will give before your court.

 

2-) As a result of the lawsuit filed by the defendant in the Civil Court on the date of … / … / …, the title deed belonging to the independent department that our client received from the non-litigation contractor was canceled. … The Court …/…/… T. …/ … E. …/ … K. his numbered decision is also october in the appendix. (APPENDIX-4)

 

3-) Article 77 of the Turkish Code of Obligations No. 6098. its article contains the following regulation;

 

“Whoever, for no justifiable reason, becomes rich from someone else’s assets or labor, is obliged to return this enrichment. This obligation arises, in particular, if the enrichment is based on a reason that is not valid or has not occurred or has expired.”

 

4-) Our client has spent TL … to finish the construction of the independent section, which he received from the non-litigation contractor and which is the subject of the annulment decision of the Court. For the reasons we are trying to explain, it has become necessary to contact your court to collect the expenses incurred by our client from the defendant in accordance with the provisions of gratuitous enrichment.

 

LEGAL REASONS : 6098 P. K. m. 77, 78, 79, 80, 81, 82.

 

LEGAL EVIDENCE : 1-)… Real Estate Sale dated …/ …/ … Notary’s Office

The Contract

2-) . … Of the Court . …/…/… T. ../… D. Job number one

3-)Witnesses will testify with their names and addresses

The list of witnesses, which shows the subjects,

4-) … The Court …/…/… T. …/ … E. …/ … K. numbered

 

 

CONCLUSION AND REQUEST: For the reasons described above, our client … ada … has made … TL for the completion of the construction of my independent department located on the parcel. we respectfully request that the cost be taken from the defendant and paid to our client in accordance with the provisions of gratuitous enrichment, with the legal interest to be processed from the date of the case (which may vary depending on the request), that the trial expenses and the attorney’s fee be charged to the other party, and that the decision be made on behalf of our client. …/ …/ …

 

ANNEXES: 1-)… Notary’s Office’s Contract of Sale of Real Estate dated October / … / …

2-) . … Of the Court . …/…/… T. ../… D. Job number one

3-)The names and addresses of the witnesses and the subjects they will testify to

shows witness list,

4-) … The Court …/…/… T. …/ … E. …/ … K. Notice No.

5-) An example of a certified power of attorney.

 

 

Plaintiff’s Attorney