Tokyo Barrister: Start the law firm bankruptcy

Chapter 162
Judge Eda was on the trial bench, flipping through the photos submitted by Machiko just now, scanning the materials with a very serious expression.From time to time, the action of turning over the materials produced a "swish" sound caused by the friction of the edges of the photo, which aroused the tension of the two female lawyers in the courtroom.

Judge Jiang Tian did not expect that today's case, which was tried under summary procedure, would encounter such a somewhat complicated problem at the beginning.Whether the subject of exercising the right of way in adjacent land can be extended to subjects other than landowners.Judge Jiang Tian gradually fell into deep thought.

Originally, Judge Jiang Tian thought that what was going to be heard today was probably a case involving neighbors and parents.However, I didn't expect that at the beginning of the case, the lawyers of both sides had something to watch.It is somewhat rare to see lawyers displaying such professionalism in such cases.

Moreover, this case is related to the previously tried case of Takai v. Aobadai Apartment.

The contradictions between the stadium and the community are really one after another.

At this time, Judge Jiang Tian's expression was very calm, just looking at the photos of the subway construction so quietly, making it difficult to fathom his true inner thoughts.

Machiko was a little uncertain about the judge's attitude, and secretly thought about countermeasures. After a while, he took a step forward and said, "Chief referee, please consider the difficulties faced by the apartment owners. There are elderly people and pregnant women in the apartment. The safety of these special people is also very important." It needs to be taken into account that it can’t just be measured against the average adult.”

Hearing that Machiko wanted to "incite" the judge in this way, Miyagawa frowned immediately, and couldn't help but go forward and said, "Chief referee. The problem is that since they have these difficulties, why don't they go to the subway company to complain about their construction scope?" , why not go to another adjacent Grand General Hotel to request the exercise of the right of way? Why just find our stadium? It is absolutely unfair to blame the current difficulty of passing all on the head of our party, Takai. "

Judge Jiang Tian looked at the two lawyers in front of him who were not giving in to each other, and couldn't help but stroked his eyebrows.Before he took over the case, he also heard that Judge Takasugi asked his assistant Kyoko to organize a mediation.It is said that at that mediation meeting, the quarrel was so violent that they even started fighting with each other.Thinking of this, Judge Jiang Tian couldn't help but sigh slightly.

The previous case was Stadium v. Aobadai Apartment, accusing the owners of trespassing on the grass beyond their stadium.

Now it is Aobadai Apartment v. Stadium again, asking the venue owner to open the stadium to them.

There must be an end to such a series of endless contradictions.

If the lawsuit of the owner of Aobadai Apartment is dismissed now, I am afraid that there will be another lawsuit in the future.Judge Jiang Tian raised his head and said:

"Although the Civil Code only stipulates that the land owner can exercise the right of way to adjacent land in the case of pocket land. However, according to the principle of analogy, it should be recognized that the land use right holder or occupier can also exercise the right of way when the road is cut off. The right of way in neighboring land. The legislative purpose of this article is to solve the special situations encountered in real life. It is obviously inconsistent with the legislative purpose if the actual land user is denied the qualification to file such lawsuits.”

"Thus, although the owner of Aoba Terrace Apartment has no ownership of the land involved in the case, as the owner of the right to use and the owner of the possession, he can file a dispute over the right of way in the adjacent land."

Hearing the judge's words, Miyagawa's beautiful crescent eyebrows moved slightly.The first point he set up to snipe the opponent was broken.

Sure enough, in the face of such neighborhood dispute cases, the court is still more willing to enter the substantive trial and resolve the dispute, and will not be willing to entangle too much on the subject matter.

Miyagawa gritted his teeth lightly, and began to concentrate on preparing for the next trial.

Judge Jiang Tian glanced at the dossier on the desktop, and continued: "This court has read the civil complaint submitted by the plaintiff and combined with the evidence materials in the case. The focus of dispute in this case is nothing more than two issues."

"First, in this case, whether the Aobadai apartment meets the conditions for exercising the right of way to the stadium."

"Secondly, if it is opened, how big is the scope of the opening? How much compensation should the Aoba Terrace Apartment pay?"

"Since the summary procedure applies to this case, there is no longer a clear distinction between court investigation and court debate. Regarding the above two focuses of controversy, the attorneys for the plaintiff and the defendant are invited to present evidence, cross-examination opinions, and debate opinions."

Seeing that the judge finally made a decision in her favor, Machiko couldn't help but smile.The focus of the dispute summarized by the judge is actually the same as the contentious issues at the mediation meeting that day.

In addition, I was very well prepared for this case, and the other party's legal aid lawyer was only assigned last Friday.They have so little time to prepare the case.

It is impossible to beat yourself.

Just now, it was just a small accident involving the subject matter of the right of way in neighboring lands.

And at the mediation meeting, I still have a lot of secret weapons that I haven't presented

Machiko carefully took out a contract paper wrapped in a plastic sheet from the file bag on the desktop.The contract paper has turned yellow, like a cultural relic in a museum.

Machiko showed this contract paper in court and said: "Mr. Judge, this is the first piece of evidence presented by the plaintiff. 32 years ago, the land to which the plaintiff's Aobadai apartment belonged was owned by the Jiuli Academy. The land to which the defendant belonged was owned by his father Yasuhiro Takai at that time. When the land boundary between Xueguan and Anhong, where the land registry was located, was being surveyed and mapped, the two landowners had a dispute over the confirmation of land rights. Later, in order to resolve the dispute, Jiuli Academy reached an agreement with the defendant's father, An Hong, called the "Land Delimitation Agreement."

"This "Land Delimitation Agreement" is the contract paper now displayed in the plaintiff's hand."

"In this agreement, the academy gave up the land on the east side of the adjacent border in exchange for the disputed land on the west side. In the agreement, please pay attention to Article [-] of the contract."

Machiko held the plastic case in one hand, pointed to the lower part of the old contract with the onion finger of the other hand, and said:

"Article [-] of the contract states that 'from the day the self-study hall abandons the disputed land, Takai Yasuhiro shall provide the necessary passage convenience for the students on the land to go to and from school and the passage of teachers. Obligation to enjoy, not affected by changes in the flow of land transactions between the two parties.'”

"Later, the Jiuli Academy was closed and the land involved in the case was resold to others, and the "Land Demarcation Agreement" signed with the defendant's father, An Hong, was also handed over to others."

"As the heir to the real estate of his father An Hong, the defendant Gao Jing must inherit the relevant obligations besides the real estate rights of the land involved in the case. The "Land Delimitation Agreement" signed by his father An Hong and the school also has binding force on the defendant Gao Jing. "

"As for the chief judge, according to the legal provisions of adjacent rights, the owner must not obstruct the necessary path for the formation of history within the building. The defendant's father, An Hong, had signed an agreement with the former owner of the land of Qingyetai apartment , agreed to provide the necessary convenience. This fact happened 32 years ago, it can be seen that there is a necessary path for the formation of history in the stadium."

"According to the law, the plaintiff's agent requests the owner of the green stadium to fulfill the previous contract, and immediately open the passage according to the law without blocking it!"

(End of this chapter)