T.C
SUPREME
- law office
MAINLY NO:2015/9380
DECISION NO:2018/8897
DATE OF DECISION:09.04.2018
COURT OF FIRST INSTANCE: COURT OF FIRST INSTANCE
TYPE OF CASE : CANCELLATION AND REGISTRATION OF TITLE DEEDS
FORGERY IT CANNOT BE SAID THAT SOMEONE WHO IS ENGAGED IN TITLE CANCELLATION AND REGISTRATION-CONTRACTING FOR A LEGAL REASON DOES NOT KNOW THE PRICES OF REAL ESTATE, AND 3. A PERSON CANNOT TAKE ADVANTAGE OF THE GOODWILL IN HIS POSITION.
At the end of the decommissioning and registration case between the parties, the decision made by the local court on the dismissal of the case was appealed by the deputy plaintiff within the legal period, but the file was examined, the report of the Examining Judge … was read, explanations
he rested, was interviewed and considered as needed;
decision
The case concerns the cancellation of the title deed based on the legal reason for the forgery and the request for registration.
Plaintiff, kayden maliki is out of the case regarding the sale of real estate numbered 1109 parcels (new 33 parcels) with a fake signature to … with a fake signature … 10.28.01.2005 noterligince held power of attorney is authorized with 2657 Journal number and date, if without the permission and knowledge of the signature is thrown if the subject matter of the case by the defendant in his capacity as Agent immovable 02.02.2005 …’it’s either him or the other defendant …’e that had been conveyed by sale on 15.03.2005, citing the cancellation of the registration of the deed recording is asked to decide on the name.
The defendant … defended the rejection of the case by stating that he was the third person with good intentions to purchase the property.
The defendant … did not respond to the lawsuit and did not attend the hearings.
According to the court, the defendant … has good intentions 3.it was decided to dismiss the case on the grounds that he was in the position of a person, to dismiss the case due to the absence of passive hostility on the part of the other defendant.
From the evidence gathered from the contents of the file; date and immovable property owned by the plaintiff, while the subject of contention with 2657 28.01.2005 journal from the case, by using the power of attorney granted to the defendant on the plaintiff’s immovable 02.02.2005 proxies by …’or because they have been assigned by sales, and on the other by a defendant … 15.03.2005 again by showing a price of TL 8.000 sales has been assigned by the institution of the Office of the plaintiff dated 16.12.2005 physics specialization in the report includes the authority to sell on behalf of dated 28.01.2005
it is understood that the signature on the power of attorney indicates that it is not the hand product of the plaintiff. There is no hesitation when the sale to the defendant with a fake power of attorney is invalid. Defendant … the other defendant who acquired the real estate from defendant … has good intentions
in the case of TMK 1023. there is no doubt that he will benefit from the protection of his substance.
The defendant … in his reply petition dated 23.06.2005; He argued that he was a contractor and that he had purchased the real estate subject to the lawsuit for TL 100,000.00 through a real estate agent. The sale price shown in the official contract is 8.000 TL, the sale of real estate by an expert and
the determined value of the case dates is TL 348,000.00.
Although the defendant … argued that he paid his seller £ 100,000.00, he could not duly prove this defense, and even if he proved it, he reported that he paid a price of 3/1 of the price determined by the court
it is unacceptable that he behaves like a prudent trader. In other words, it cannot be said that someone who works as a contractor does not know the prices of real estate. In this case, in the face of the fact that it is well-intentioned to buy the 348,000.00 TL real estate for 8,000 TL, therefore TMK
1023.it is unacceptable that he will benefit from the protection of his substance.
As a result, it is not true that a judgment has been established as written with a erroneous assessment when it is necessary to decide on the acceptance of the case.
With the acceptance of appeals filed at the plaintiff’s place, the provision (temporary 3 of Law No. 6100.article 428 of HUMK No. 1086 (by sending).it was unanimously decided on 09.04.2018 that it would be OVERTURNED in accordance with the article, and that the advance payment received would be returned to the appellant.
