COURT OF FIRST INSTANCE
REQUEST FOR AN INJUNCTION
PLAINTIFF :
ATTORNEY :
DEFENDANT :
SUBJECT : Cancellation of the construction contract.
FEE BASIS
VALUE : ………. TL (When the actual value is revealed by the expert, in case of an increase in value, provided that the excess fee is deposited by us)
EXPLANATION
1- The client …….., with the participation of his sons …….. and ………, entered into a “contract of promise of sale of immovable property and construction in return for flats” with the defendant on ………, and according to the content of the contract;
“…-………., …………Mah. ………., …………Mah. The usufruct right belonging to ………… in the immovable registered on ………., …………Mah. ………., block, 1 parcel ……….. on ………… Since a construction contract in return for flat was made by the Notary Public on …………, it will be removed by ………… by applying for a title deed within 3 days at the latest.
-The debt related to the lien placed on the above immovable property by the Tax Office due to the tax debt of ………… shall be paid by …………
-…………. has paid ……… TL to the land owners by …………..”
Again, in the additional part of the contract, “… From the delivery of the immovable to the contractor, the rental fee will be paid to ………. and his children until the apartment is delivered. The rental fee will not be more than …….. TL…”.
2- Upon the contract made, this time, the parties signed a “contract of promise of sale of immovable property and construction in return for flats in the form of arrangement” with the participation of my client and his children with the date ……… and date ……… of the ……… Notary Public.
3- In the following process, in accordance with the “immovable sale promise and construction contract in return for flats in the form of arrangement” concluded between my client and his children and you, in violation of the provisions of the contract, my client’s son ……….. sold his personal share to you ………. although he had no legal authority and right. TL and in this context, it is understood that my client has suffered damage.
4-First of all, since the usufruct right on the real estate in question belongs to my client ………., it is obvious that the disposition made by ……….. without the knowledge and consent of my client will not have legal validity.
5-A cease and desist letter was drawn on ……… on the grounds that the defendant did not fulfil its obligations in accordance with the construction contract in return for flat within the specified period and no response was given to our cease and desist letter in any way. My client again kept his good faith and delayed the contractor by saying that he would make the delivery today and tomorrow and unfortunately, at the point reached, the defendant did not fulfil his acquisitions against the contract in any way, even as a result of my client’s intelligence research, it was understood that the defendant sold it to someone else despite the obligation to fulfil it and that it was traded in the name of someone else in the title deed. When the client ……….. went to the relevant land registry office, he experienced a great shock.
Considering the relevant documents submitted to your court, it has become necessary to file this lawsuit since my client has suffered a great victimisation.
CONCLUSION AND REQUEST
1-Nullification of the contract, which is the subject of the agreement, due to the fact that the defendant has not fulfilled its obligations,
2-To place an injunction on the construction subject to the performance registered on the defendant by writing to the relevant land registry office, taking into account the possibility that the construction on the land registered to the existing title deed may have been transferred to others,
3- To reserve our rights to material and moral compensation,
4- With the acceptance of our lawsuit, I request that the costs of the trial and attorney fees be decided to be taken from the defendant.
I would like to submit. Sincerely yours,
Plaintiff .
Attorney for the Plaintiff
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