Judge Eda was in the courtroom, flipping through the photos submitted by Machiko one by one, scanning the materials with a very serious look. The action of flipping the materials would occasionally produce a "swish" sound caused by the edges of the photos rubbing against each other.

The nervousness of the two female lawyers in the courtroom.

Judge Eda did not expect that today’s case, which was subject to summary procedures, would encounter such a somewhat complicated issue at the beginning. Can the subject exercising the right of access to neighboring land be expanded to include subjects other than the land owner? Eda

The judge gradually fell into deep thought.

Originally, Judge Eda thought that what was going to be heard today was probably a case of quarrels between neighbors and quarrels between parents. However, he did not expect that at the beginning of the case, the lawyers on both sides had some interesting points. How could they be involved in such a case?

It is somewhat rare to see lawyers displaying such professionalism in cases.

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

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

At this time, Judge Eda's expression was very calm. He just looked at the photos of the subway construction quietly, making it difficult to understand his true inner thoughts.

Machiko was a little unsure of the judge's attitude, and secretly thought about countermeasures. After a moment, she stepped forward and said: "Chief Judge, please consider the difficulties of the apartment owner. There are elderly people and pregnant women in the apartment. The safety of these special people's passage is also important."

It needs to be taken into consideration that we cannot just use ordinary adults as the standard."

Hearing that Machiko wanted to "incite" the judge in this way, Miyagawa suddenly frowned and couldn't help but step forward and said: "Chief judge. 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 General Hotel to ask for the right of access? Why did you choose our stadium? It is absolutely unfair to blame all the current access difficulties on the head of our client, Takai.

"

Judge Eda looked at the two unwilling lawyers in front of him and couldn't help but reach out and stroke his eyebrows. Before he took over the case, he also heard that Judge Takasugi asked Assistant Kyoko to organize a mediation. It was said that at that mediation meeting, the dispute

It was a fight, and they even started fighting each other. Thinking of this, Judge Eda couldn't help but sigh slightly.

Previously, the golf course sued Aoba Terrace Apartments, accusing the owner of trespassing on their golf course grass.

Now, Aoba Terrace Apartment is suing the stadium again, asking the owner of the venue to open the stadium to their passage.

Such an endless series of conflicts must come to an end.

If we reject the claims of the owners of the Aoba Terrace apartment now, I am afraid there will be more lawsuits in the future. Judge Eda raised his head and said:

"Although the Civil Code only stipulates that the land owner can exercise the right of way to neighboring land in the case of pocket land. However, according to the principle of application by analogy, it should be recognized that the land use right or the possessor can also exercise the right of access when the road is isolated.

Right of way over neighboring land. The legislative purpose of this article is to solve special situations encountered in real life. If the actual user of the land is denied the qualification to initiate such lawsuits, it will be inconsistent with the legislative purpose."

"Therefore, although the owner of Aoba Terrace Apartment does not own the land involved in the case, as the right to use and possess the property, he can initiate disputes over the right of way of neighboring land."

After hearing the judge's words, Miyagawa's two beautiful eyebrows moved slightly. The first point he set to snipe the opponent was defeated.

Sure enough, when faced with this kind of neighborhood dispute case, the court is still more willing to enter into substantive hearings and resolve the dispute, and is not willing to dwell too much on the subject issue.

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

Judge Eda scanned the files on the table and continued: "This court has read the civil complaint submitted by the plaintiff and combined it with the evidence in the case. The focus of the dispute in this case is nothing more than two issues."

"First, in this case, whether Aoba Terrace Apartments meets the conditions for exercising the right of way to the stadium."

"Second, if it is opened, how large the scope of the opening needs to be. How much compensation does Aoba Terrace Apartment need to pay?"

"In view of the fact that this case applies to summary procedures, there is no clear distinction between court investigation and court debate. Regarding the above two points of dispute, the attorneys of the original and defendant are invited to express their opinions on evidence, cross-examination, and debate."

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 was actually the same as the controversial issue at the mediation meeting that day.

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

It's impossible to beat yourself.

Just now, it was just a small accident involving the main issue of the right of way to neighboring land.

And at the mediation meeting, I still have many secret weapons that I haven’t revealed yet.

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

Machiko showed the contract paper in the court and said: "Chief Judge, this is the first piece of evidence presented by the plaintiff. Thirty-two years ago, the land to which the plaintiff's Aoba Terrace apartment belonged was the Jiuli Academy.

All. The land owned by the defendant was owned by his father Takai Yasuhiro at the time. When the land boundary between Gakuan and Yasuhiro where the land registration was at that time was surveyed, the two landowners had a dispute over land rights confirmation. Later, in order to resolve the matter

Due to the dispute, Jiuli Academy and the defendant’s father, An Hong, reached an agreement called the “Land Delimitation Agreement.”

"This "Land Delimitation Agreement" is the contract paper now displayed in the hands of the plaintiff."

"In this agreement, the school will give up the access land on the east side of the adjacent boundary in exchange for the disputed land on the west side. In the agreement, the chief referee please pay attention to Article 9 of the contract."

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

"Article 9 of the contract stipulates that 'from the date when the self-study hall gives up the disputed land, Yasuhiro Takai must provide necessary access facilities for the students of the school to go to and from school and teachers' passage on the land. The right to provide access and

It is an obligation to enjoy and will not be affected by changes in land transactions between the two parties.'"

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

"As the real estate heir of his father Yasuhiro, the defendant Gao Jing must not only inherit the real estate rights of the land involved in the case, but also inherit the relevant obligations and liabilities. The "Land Delimitation Agreement" signed between his father Yas Hong and the school also binds the defendant Gao Jing.

"

"The chief judge, in accordance with the legal provisions of neighboring rights, the owner shall not block the historically formed route within the building. The defendant's father, Yasuhiro, had signed an agreement with the previous owner of the Aoba Terrace apartment land.

, agreed to provide necessary access convenience. This fact occurred thirty-two years ago, which shows that there is a necessary path for historical formation in the stadium."
Chapter completed!