Chapter 168: Entangled with each other
Seeing Miyagawa refute again, Machiko was already a little surprised. After all... After all, the other party only had less than a week to prepare, and he was able to do this. Machiko couldn't imagine what kind of work the other party was doing in these few days.
strength.
Miyagawa stood up again, looked at Judge Eda and said, "Chief referee, even if we take a step back and say that there is only one 'must pass' to the stadium in this case, the law also stipulates corresponding exemptions. That is, if the road is isolated due to neighboring land
If the right-of-way requester causes it himself, he is not qualified to request the right-of-way of neighboring land."
"For example, suppose the owner of a piece of land actively blocks its access to the outside world. Then the owner of the piece of land cannot initiate access requirements against the owners of neighboring land."
"At this point, the defendant's attorney will submit a set of evidence to prove the isolation of Aoba Dai Road, which itself has also played a role in promoting it."
Miyagawa pulled out an old newspaper from the file bag on the table and displayed it in front of everyone.
But I saw that the newspaper was old and yellowed, and there was a black and white photo printed on it. The photo showed a grassy slope, which was the slope adjacent to the Aoba Terrace Apartment and the Shogun Hotel. From the photo,
At that time, the General Hotel had not yet expanded its underground garage, and the downlink lane had not yet appeared in the photo.
Next to this black and white photo, there is a huge title printed, "The mansion is built on a high slope, what should I do if it collapses in rainy days?"
"Chief referee, this is a report about Aoba Terrace Apartments 7 years ago." Miyagawa said in a deep voice, "There are three Aoba Terrace Apartments in total. The one adjacent to the Shogun Hotel is the latest one.
At that time, when the third apartment building was being built, there was a dispute among the owners of Aoba Terrace Apartment over how the land bordering the third apartment building and the Shogun Hotel should be used."
"At that time, the internal owners were divided into two groups. The first group believed that the adjacent land should be connected to the General Hotel to facilitate apartment owners to walk to the hotel club for consumption. The second group believed that a slope should be built on the adjacent land and a
A mini garden. The two groups of owners argued endlessly, and then held a meeting of owners to vote, and finally the second plan was passed."
"The construction of the earth slope also aroused controversy in public opinion. An editorial believed that after the construction of the earth slope was completed, small landslides may occur due to the soft soil, and the construction of the earth slope was condemned."
At this time, a copy of the newspaper had also been passed to the trial bench and the defendant's dock opposite.
Miyagawa held up the yellowed newspaper in his hand and raised his voice and said, "President. The grassy slope adjacent to the Aoba Terrace Apartment and the Shogun Hotel was built by himself, which ultimately resulted in the apartment being unable to use it and the Shogun Hotel."
Access to the land adjacent to the hotel is required. According to the law, the landowner shall not request access to the adjacent land if the road is blocked due to his own actions. Accordingly, Aoba Terrace Apartments shall bear the responsibility for road isolation and inaccessibility.
as a result of."
Just as Machiko's contract paper from more than thirty years ago came out, Machiko was also a little confused when faced with the old newspaper that suddenly appeared in front of her. Her mouth opened slightly. She kept scanning the newspaper on the table.
Make a copy and read every word on it carefully.
By the time she finished reading, her hands were already trembling slightly.
Machiko made a miscalculation.
I didn’t expect that the grassy slope with the General Hotel had this origin!
Kithara couldn't help but feel a little surprised when he saw that Miyagawa had already reached this point in collecting information. After all, it was only a few days, and it was really amazing that Miyagawa could achieve this level.
Kithara was a little curious about this old newspaper. After Miyagawa returned to the dock, he picked up the newspaper and started reading it, scanning the end of the article.
But I saw that the author of this article is:
[Intern reporter Marina Niwa]
Seeing this familiar name, the female reporter involved in the Kawamoto Expressway case, Kitahara's mouth suddenly twitched slightly. This... this world is really small.
Also...it's no wonder Miyagawa was able to find this information. It is estimated that...in the past few days...a lot of foreign aid has been invited.
Miyagawa turned around and saw Kitahara reading the newspaper, raising the corners of his mouth proudly, as if to say come on and praise me. However, when he thought that Kitahara was still facing debt collection from the bank, this kind of
The expression seemed inappropriate, so Miyagawa quickly suppressed his smile.
At this time, Machiko felt a little anxious on the opposite side. She had never felt that this battle was such a difficult one. Thinking about her previous report at the General Hotel, she also said that the other party was a lawyer assigned by Legal Aid, and her level might be at
Below the average. Now that I think about it, I really don’t know where I had the confidence to make such an assertion.
And this is only the opponent's first line of defense.
Even if you admit that you have the right of access to neighboring land, you will still face issues such as the scope of access and the amount of compensation.
Machiko's brain was running rapidly, and she carefully chewed every word that Miyagawa just said. After thinking hard, as if she had discovered something in an instant, she stood up again and said: "Objection! Chief referee.
In this case, the provisions of neighboring rights of way do not apply."
"The reason why stairs that meet national standards cannot be built on the green grass slope is due to the later construction of the downhill driveway leading to the garage of the General Hotel. Therefore, it is not caused by the unilateral construction of the earth slope of the Qingyedai Apartment. The law clearly stipulates that only if
The land owner shall be denied the right to request the right of way of adjacent land only when the road is isolated due to his own actions. The law does not provide for the case where the road isolation is caused by both the land owner and a third party. According to the law,
This should be regarded as that the law does not deny the right to claim access to neighboring land in this case."
Machiko almost finished this discussion in one breath.
After the words fell, even she felt a little impressed with her ability to react on the spot.
The lawyer Miyagawa in front of me actually forced out his potential.
At this time, between Machiko and Miyagawa, it seemed that the two armies had been fighting for a whole day and night. This small court seemed to have turned into a battlefield, with corpses lying everywhere and the smell of blood filling the air. Both sides were waving their weapons.
They all felt exhausted.
At this time, Judge Eda was sitting on the trial bench, his expression still very calm, making it unclear which view he was leaning toward in his heart.
This unpredictability only made the two heroine lawyers even more nervous.
After a bloody confrontation, Machiko and Miyagawa still need to endure the mental torture from the judge's uncertainty.
Will Judge Eda support Aobadai Apartment's request for right of way to neighboring land?
Chapter completed!