Chapter 166 The second court session
With the sound of the gavel, the trial began again.
Machiko was sitting in her seat, and she inexplicably noticed that the atmosphere in the dock seemed to have changed slightly. The Kitahara lawyer still looked carefree, but the Miyagawa lawyer next to him looked a little anxious and anxious.
Nervous, as if something bad had happened.
Machiko felt a little strange. Although it was just a lunch break, why did she feel that the mood of the lawyer opposite seemed to have changed a lot.
In the courtroom, Judge Eda flipped through the files on the table and said: "In the morning, the plaintiff's attorney showed the "Aoba Terrace Apartment Land" signed by Jiuri Gakusha, the former owner of the Aoba Terrace apartment land, and Yasuhiro, the father of the defendant Takai.
Land Delimitation Agreement. In this agreement, it was stipulated that defendant Gao Jing's father had the obligation to provide access to his land for the land where Jiuli Academy is located, and the agreement stipulated that such convenience obligations were not subject to land transfer.
The impact of the situation.”
“Based on this, the plaintiff’s attorney believes that the golf course land owned by the defendant Takai has a necessary route formed by history, and it should not be blocked in accordance with the legal provisions on the right of way of adjacent land.”
“The defendant’s attorney issued a counter-argument on what the ‘historical formation’ approach is. Now please ask the plaintiff’s attorney to continue to present evidence to prove his claim, and please also express his evidence and argument opinions.”
After hearing the judge's instructions, Machiko stood up from the plaintiff's seat, looked at the two lawyers in the defendant's seat, straightened her back, and said: "The plaintiff will present the second set of evidence. The purpose of the proof is to confirm that the defendant Takai has
The stadium is currently the only way to the outside world from Aobadai Apartment."
"The first evidence to be presented is the construction photos and aerial photos of the scene involved in the case." In the court, the slim and beautiful figure pulled out the whiteboard behind her and pasted the photos one by one on the whiteboard using magnets.
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Among them, in an enlarged aerial photo, the huge gullies dug by the subway construction have surrounded the land to the north, west and east of Aoba Terrace Apartment. These huge and ugly gullies seem to have destroyed the ground.
It was torn directly, as if a giant reached out and pressed a huge depression on the ground, making people stop when they looked at it.
"The second evidence to be presented is the "Description on the Scope of Subway Construction" issued by the subway company involved, and the construction permit issued by the local city hall." Machiko said, "In the "Description on the Scope of Subway Construction,"
The subway company clearly stated that the gully involved in the case was due to subway construction and was forced to be excavated to protect the foundations of high-rise buildings. This statement was supported by a construction permit issued by the local city hall.
"The above first evidence and the second evidence jointly indicate that the scope of subway construction cannot be changed." Machiko pointed to the photo on the whiteboard and continued, "Also, please pay attention to the chief referee. Tunnel shielding is still being carried out at the construction site involved.
Structural engineering. Large machinery is constantly operating at the construction site every day, and the site itself also has the risk of ground collapse or settlement. Engineering personnel must wear safety equipment in accordance with standards."
"Therefore, in this case, it is impossible for us to open a road in the construction site for residents to pass."
Judge Eda sat on the trial bench, leaning forward slightly. He held a copy of the photos submitted by Machiko and looked at them carefully. From time to time, he would raise his head and listen carefully to the plaintiff's lawyer's narration, such as these photos.
has attracted the serious attention of this magistrate.
Machiko noticed the judge's expression and couldn't help but feel a little proud. Images such as photos are more convincing than dry words.
Later, Machiko continued: "Next, the third evidence presented by the plaintiff is a photo of the boundary between Aoba Terrace Apartment and Shogun Hotel, and the fourth evidence is "Aoba Terrace" issued by Fukunaga Engineering and Construction Co., Ltd.
Apartment exterior staircase project evaluation report"
But I saw that the photos on the whiteboard were already photos that had appeared during the mediation meeting. On the land adjacent to the Aoba Terrace Apartment and the Shogun Hotel, one side is the grassy slope of the apartment, and the other side is the downhill driveway of the hotel leading to the basement.
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Machiko said: "Our Aoba Terrace Apartments did not just ask for the stadium to be open to traffic from the beginning. In fact, we have also negotiated with the Shogun Hotel on matters related to the traffic of neighboring areas."
"However, Chief Referee, please note that the land adjacent to the Aoba Terrace Apartment and the Shogun Hotel happens to be sloped on both sides, exacerbating the slope difference on both sides. The apartment owner's committee once tried to hire a construction company to see if it could be done on both sides.
Install stairs on the slope.”
"At that time, the owners' committee hired Fuyong Engineering and Construction Co., Ltd. After on-site assessment, Fuyong Engineering believed that the site did not meet the conditions for building outdoor stairs. It issued the corresponding "Aoye Terrace Apartment Outdoor Staircase Project Evaluation Report."
"The chief referee please pay attention to the results of this evaluation report. Fuyong Engineering believes that according to the national standard "General Design Principles for Civil Buildings", although the staircase is located outdoors, as part of the apartment facilities, it should refer to the residential staircase design standards. According to the relevant
According to the general residential stair standards, the stair slope should range from 20 to 45 degrees, and the step height should not be greater than 0.175 meters. However, according to the slope difference between the two places on site, the stair slope and step height cannot be controlled within the standard range."
"Furthermore, the grassy slope adjacent to the property has soft soil, and it is impossible to install stairs on the side. That is, it is like a winding mountain road that keeps twisting and turning, reducing the slope and step height. At the same time, because the green grassy slope is close to the hotel basement, the community is also
It is impossible to apply for large-scale excavation work on Qingcao Slope. Therefore, based on the above evaluation results, Fuyong Engineering believes that although stairs can be installed on the adjacent land between Qingyedai Apartment and General Hotel, it cannot meet the relevant national stair design standards. There is a
There are factors that endanger the people passing through the stairs, so the relevant project is rejected.”
"Chief Referee." Machiko looked at the court with a sincere look, "Aoba Terrace Apartments had exhausted all possible avenues before formally requesting access to the stadium, but in the end, access was granted.
There is only one road to the south of the stadium. Please consider the above-mentioned actual situation. The stadium has become the only way to the outside world from Aoba Terrace Apartment. Therefore, the road should be opened to traffic immediately in accordance with relevant legal provisions!"
Miyagawa sat in the dock and quickly wrote down the key points of what Machiko said with a pen. At this moment, she already understood the situation Kitahara next to her. What she can do now is to help Kitahara share the burden of the legal aid case at hand.
Let him have time and energy to think about the handling of the 500 million yen debt.
I must win in today's court hearing.
Then, work with Kitahara to find a way to solve the bank's difficulties.
Chapter completed!