WHAT IS THE COURT OF FIRST INSTANCE ?
Plaintiffs: 1-
2-
3-
Attorneys: Hunt
Defendants: 1-
: 2-
: 3-
CASE : Cancellation of title deed due to unjust enrichment.
EXPENSE BASIS
VALUE: ……… TRY
DESCRIPTIONS
1 – My clients; They are the shareholders of the company operating under the name of the …….. Company , of which the defendant is also a partner, in proportion to their shares ( ………. 32.5%, ………. 32.5%, ……….. 27.5%, …….., 7.5% ).
2 – In its current state, the share ratios of the deceased who left the legacy …….., after the death of the deceased on …………, the company shares are determined as above .
3 – From my clients …………. and ……….., have been actively engaged in trade until their age, especially from my clients ……….. has maintained a 25-year commercial life until today, especially in ……….., it operated as a store and became a corporation as a result of the growth of its commercial life. , in …….. (registration date of ……….) started its operations under the name of ……….. Company .
4 – The deceased ……… was the director of the company before the death date of ……….. and his share rate in the company is 10%.
5 – They established the company together , taking the experience and knowledge of my client …………. , especially his eldest son, who gained experience in the small scale commercial life of the deceased in the past years , and the deceased himself is completely responsible for the company’s payments, goods purchases, orders, He dealt with collections and administrative works, and the more active activities such as shipping, marketing of goods and providing a place were undertaken by the sons of my deceased clients with ……….. from ………….
6 – …………. Towards the end of the year, ……….., who left an inheritance , will be financed from company revenues in order not to victimize ……….. , whose daughter is a housewife, in order not to cause a conflict between the siblings due to the ailments that arise and in the future due to inheritance, and in order not to disrupt the ties of family members after him. We purchased the real estate in masonry form, registered in the title deed attached to our petition, and then as soon as possible, from the seller, including six two shops, 4 flats (two large) in a total of 5 floors, including all repairs, modifications and fine workmanship, on a turnkey basis. directly received, delivered to him and registered in this way in the title deed.
Although there are witnesses for the real estate in question, which we will specify in the future in the context of the presentation of evidence , in particular , ………… . sitting ………….. witnesses.
As we have explained, the defendant is a housewife who has not worked in any sector throughout her life. She currently has 3 children. His wife, on the other hand, worked as a salesperson in different workplaces in the furniture sector, and was unemployed most of the time by leaving the workplaces where she worked . She even attempted to transcend the workplace independently from time to time , but she closed her business as a result of her bankruptcy due to her failures in commercial life. When the total insurance premium records of his wife in his 11 years of marriage are examined, his insurance premiums were paid to cover only 3-4 years. In the unemployment period, which embraced the remaining and long years, she continued her life with the rents she obtained from the real estate that was left to her as a legacy.
7 – Due to the fact that the defendant was a housewife during the period and his wife was often unemployed and unable to pay even the Social Security Institution premiums, my client contributed to the payment of the debts of the plaintiff’s spouse on a small scale, and even in order to secure himself in the future, the defendant personally When my client applied to ………… and suggested that “ brother, I do not have any security, show me as a member of SSK or Bağ-kur in your company, I will pay with my rental income if necessary ”, my client …………. and his father, the deceased …………, with the mutual acceptance of the company, made a symbolic share in the company, even though they had no actual or legal contribution to the company, just to secure the defendant.. The aim was to pay the SSK premiums of the defendant and in this way to provide an assurance to the defendant, this way was resorted to.
As a result ;
As explained above; To summarize; The deceased who left a legacy ………… is one of my defendant clients due to his ailments that started a few years ago …………. and ………..’s labor in the company, in order not to waste their efforts in the formation of their assets, and in order to prevent the plaintiff ………….. from having a conflict with her siblings in the future, she became a housewife by making an agreement with her daughter and children. As it can be understood from the attached title deed record, which is impossible for his wife, who is a salesperson in furniture stores and furniture stores, on .. by means of two shops at the ground level of the lower floor and a shop that continues to the upper floor and 3,4,
8 – As explained, it is contrary to the ordinary course of life for the spouse of the defendant, who is a housewife and works as a salesperson in some furniture stores from time to time, to purchase such a real estate since they do not have an inherited money flow to them or any savings documenting it . Moreover, all expenses related to the renovation, construction and repair of the said real estate and the construction of the upper floors were financed from the company’s own resources. 37 documents showing the related expenditures are attached.
9 – While the father of my deceased clients, who left a legacy, ……….. was essentially in this disposition, he preferred this way in order that his children would not have problems in sharing the inheritance in a possible situation against each other in the future, especially in order not to waste the efforts of his sons and their intense contributions to the company. He bought the real estate in question in a way that would provide him with an income, and made the title deed registration on behalf of his daughter by purchasing it directly from the owner as inheritance share for the defendant.
In this context, the plaintiff ……….. of the Civil Court of Peace ………. In fact, in the case of the dissolution of the registered partnership (izale-i şüyu), he concealed this situation , while he was given a real estate that was created with the company’s income and the intense efforts and efforts of my clients throughout the life of the company, and which was financed from the company’s existence and that also had a large income with rental income, and he passed away as a share of inheritance. While it was impossible for him to take the place that is deed on him in this context, in the face of the fact that it was given to him by the .
10- While this is the real situation, as much as the existence of immovable property that was given to the plaintiff as an inheritance share in the life of the deceased through unjustified acquisition (unjust enrichment); Although the plaintiff has no financial contribution to the company and because she is a housewife, her brother is my client …………, in order to have a social security in the future (as a member of Bağ-kur or SSK), my client ….. As a result of expressing his gratitude for the contributions of his father who left him and insistently asking him not to be withheld, especially my client …………….. his father gave him a symbolic share (5%) in the company with the approval of his deceased father.given for the sole purpose of paying the bond-currency premiums, although he committed to the payment of these premiums, he did not pay, however, from the clients …………. has personally paid these premiums to the social institution to which the claimant is affiliated. In relation to this, my client …………. Attached are the documents showing that it was paid by
11- Inheritance share of the defendant, the inheritance of the inheritance …………. Although it was given to him as an inheritance share, conditionally, with the contribution of the company money and the approval of his other children, after 7 years, he opened cases against my clients within the framework of the elimination of the partnership in bad faith.
As can be understood from the title deed record we have attached to the defendant, the immovable property in question is ………. It has rented out two shops and 4 flats on the building from the date of the date of the building, and the rent collected for a total of 1 year is over …….. TL, considering that it has been renting since … has opened.
Considering that the defendant has owned the title deed since …… and has rented out the places in this property and earned an income above the living standard, it is self-evident that it is impossible for them to purchase this real estate, considering that he has never worked and his wife works from time to time. will be understood.
Defendant; against my clients ;
- .. of the Magistrate’s Court ……. main case,
- .. of the Magistrate’s Court ……. main case,
- .. .. The Civil Court of Peace has aggrieved my clients due to the main cases, and in this context, it is fixed that the real estate, which is in its possession and has been rented for 7 years, as inheritance share, with the approval and contribution of my clients, was purchased by the financial resources of the company, which my clients are currently the owners of. This issue has led to the unjust enrichment of the defendant, since it has been concealed by the defendant, although there is no inheritance share, by concealing this issue in the cases he has opened, depending on the condition, the deceased has caused an increase in the real estate property given to the defendant due to the real estate given as inheritance share. He has ignored this issue by hiding it in other cases he has opened.However, the defendant’s inheritance share is conditionally from my clients ………. and ……….’s fathers, my other client ……….’s wife, the deceased …………….., under the name of inheritance share and conditionally ( real estate ) to realize his whole life, the defendant’s share of inheritance the place now owned by him had to be considered as unjust enrichment, since he had bought it before, but requested a re-inherited share;
As known by your court ;
In order to clarify article 18 of the Code of Obligations, which is generally regulated under the title of ” interpretation of contracts, collusion “, we submit the following case-law of the Court of Cassation to the discretion and evaluation of the Court.
“…It should be noted right away that reaching a healthy, fair and correct solution to such disputes depends on revealing the true direction of the assignment made to the defendant, in other words, the real will and purpose of the legator, without hesitation. Since it is often difficult to identify and clarify the real will and purpose, which is an internal problem and hidden, it is of great importance that the evidence in this direction is not only collected completely, but also evaluated together and correctly. For this, the customs and traditions of the country and the region, social tendencies, the ordinary course of events, whether the legator has a just and reasonable reason for making the contract, whether the defendant has the purchasing power.There is an obligation to benefit from facts such as the difference between the sales price and the actual value on the date of the contract, and the human relationship between the parties and the legator. (1. HD. dated 6.2.1997, 811 E- 1603 K.), (Source: Turkish Law of Obligations, General Provisions, Doctrine Supreme Court Decisions, Volume 1, Mustafa Reşit Karaaslan, Honorary President of the 13th Civil Chamber of the Court of Cassation, p. 228, Beta Publications, January 2003 Istanbul)
……………. We also submit the following explanatory information to your Court’s discretion and evaluation in the context of the interpretation and evaluation of the provisions of the law.
“The legal heirs of the legator for gaining a job or doing his job, giving founding capital, for example; As a rule, gains such as opening a store, restaurant, office, doctor’s office, establishing a factory, purchasing machinery and tools for his son, daughter or other legal heirs are subject to equalization as a rule. (Annotated Jurisprudence, Inheritance Tenkis and Muvazaa –Consultant- Cases, Ali İhsan Özuğur, Head of the 2nd Civil Chamber of the Court of Cassation, p. 246, Turhan Kitabevi, Ankara 2005)
Likewise ; The following Supreme Court decision fully and completely supports our view and opinion.
LEGAL REASONS :
ANSWER TIME :
Conclusion and Claim ;
Since the title deed belonging to the named defendant was purchased with the company income and registered on account of the inheritance share that the defendant will receive in the future; Since the defendant filed a lawsuit against my clients again, since the immovable property in his possession should be considered as unjust enrichment due to the collusion made in accordance with the provisions of the article ……… provided)
Firstly;
a- Due to the fact that the defendant’s unjust claims against my clients by concealing the truth, in a way that does not comply with the right and justice, have been left to him as the inheritance share of the immovable property whose financial value is around ……… TL today, in the life of the deceased deceased , …….. volume, with respect to the real estate with the registration date of ……… Based on the provisions of “unjust enrichment” regulated in the articles of ………… or in our lawsuit petition, the real estate registered on the defendant, based on the provisions of the articles of the Turkish Civil Code under the title of “ equalization in inheritance ” , the title deed registration of the real estate registered in the name of the defendant is canceled and the property is included in the land registry in proportion to the share of the plaintiff and the defendant. ,
b- On real estate in order to prevent the transfer of the existing real estate to others and to prevent my clients from being victimized in the future; injunctive relief until the end of the case .
c- I request that the attorney’s attorney fee and trial costs be collected from the defendant.
I offer. Kind regards,
Defendants
Deputy
ATTACHMENTS:
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