Chapter 172 The final struggle
The lights in the court shine on every corner of the court. Outside the corridor, from time to time, some parties who have finished the trial pass by. When passing Court No. 607, they can't help but look in curiously. The sunlight in the corridor outside the trial court,
The rising sun in the morning has turned into the setting sun in the afternoon. After nearly a whole day of court sessions, both the plaintiff's lawyer and the defendant's lawyer are already feeling a little tired, and so is the judge sitting on the bench.
.
A somewhat dull and lazy atmosphere gradually filled the courtroom.
After hearing Judge Eda's order, Machiko felt tired, but she had to grit her teeth and cheer up. This was the last step of the lawsuit. On the issue of compensation, the legal provisions were the most beneficial to them. Because at the moment
The law only stipulates compensation for direct damage caused by traffic on adjacent land to real estate rights holders, and does not provide for compensation for indirect damage.
In other words, there is no basis in law for Takai and the others to ask for training expenses at Aobadai Apartment to find another venue. Thinking of this, Machiko stood up and said: "As for the compensation for the opening of the stadium, we are willing to compensate for the opening of the road.
Accordingly, the plaintiff's agent submitted a form "Soccer Field Turf Price List" and a specific quotation list collected from stadium turf manufacturers in Tokyo and surrounding areas.
Compiled prices of different grades of turf.”
"According to the defendant's claim, their turf comes from the Tokyo Olympics venue. If we take the highest grade artificial grass mixed with natural grass, the price per square meter is around 90,725 yen. Since the defendant's turf has been used at the Tokyo Olympics venue
For many years, the depreciation value should be deducted accordingly. If the turf is replaced every five years, the value of the defendant's turf should be deducted by at least 80%. That is, the actual compensation price should be 18,145 yen."
"Therefore, in summary, the plaintiff's attorney believes that our compensation is willing to be calculated based on the price of 18,145 yen per square meter multiplied by the actual damaged grass area. However, the premise must be that the defendant can also prove that the turf does come from
Relevant certificates from the Tokyo Olympic Stadium, otherwise our compensation price will be reduced to 3,056 yen per square meter, and compensation will only be based on the price of ordinary turf."
After saying this, Machiko breathed a sigh of relief.
The main tasks of this trial have been completed.
It is impossible for the other party to stir up trouble again.
Regarding the amount of compensation, the law has already stipulated it, which is an unsolvable dilemma.
At this time, the defendant's dock on the other side.
Miyagawa listened to Machiko's argument, silently opened his little finger in his mind, and calculated. According to the price offered by the other party, and considering the approximate area of the stadium occupied by the passage, the final total compensation is estimated to be less than 500,000.
Now the trial has reached the most disadvantageous place for me.
However, even if the odds are stacked against you, you have to fight hard.
Miyagawa stood up with a stack of information in his hand, handed it to the clerk, and then looked at the trial seat, "The chief referee and the defendant's attorney believe that the scope of the other party's compensation should not be limited to the damage to the turf. Facts
The stadium involved in the case has been used for the training of the Toyo Youth Gate Team. When the stadium must be opened to allow the residents of Aoba Terrace Apartments to pass, the gate team players will not be able to train and must find another venue."
"Therefore, Aoba Terrace Apartment should not only compensate for the value of the damaged turf, but also compensate for the cost of finding another site. In order to prove the defendant's claim, the defendant now submits a transcript to the court. This transcript is a mediation transcript. In the fourth
Days ago, that is, on Saturday, the court held a pre-trial mediation. The location was at the Aoba Terrace Apartment Club, and the moderator was Judge Assistant Kyoko Uchino. Please pay attention to the sixth page of the mediation transcript."
“On the sixth page, it is clearly stated that the other party’s agent, Machiko Dai, said, ‘We are willing to pay the rental fee for finding another venue.’ According to the relevant provisions of the Civil Procedure Law, this statement should constitute self-admission and belongs to the other party.
The agent's admission of unfavorable facts. In this regard, the other party should be deemed to have agreed to pay the rental fee for finding another venue in this kind of litigation. For the specific standard of how much fee should be paid, the judge please refer to the end of the mediation transcript. It is already stated above.
After understanding our calculation method and amount, the total cost of finding another venue is approximately 38 million yen."
"Please ask the other party to pay the rental fee for another training venue as promised in the mediation!"
Hearing Miyagawa's words, Machiko suddenly opened her eyes wide.
Unexpectedly, the other party's agent dropped such a bomb in the last period of time, which made him jump.
Machiko immediately stood up and said loudly: "Objection! Chief judge. The statements made in the mediation transcript are not self-admissions at all. The so-called self-admissions are the admission of facts that are unfavorable to oneself during the litigation process. That is, the statements made in the mediation transcript are not self-admissions at all.
The premise is the litigation process, not the mediation process. In mediation, it is very normal for both parties to make concessions to each other. If such concessions can be used as adverse evidence in court, then no one will
Give in!"
"To take a step back, we admit that we are admitting the facts. We are just stating that we are willing to pay the fees accordingly if the other party makes concessions. This statement does not include a description of any factual status. Just now, the defendant's attorney was in
Feel free to mix up the concepts of self-recognition in litigation law!”
Machiko fired a barrage of words like cannonballs.
But on the other side, Miyagawa ignored Machiko's rebuttal and just took a step forward, raising her head slightly. Her eyes looked particularly moving under the light of the courtroom, and her words seemed to be tainted with a touch of magic.
, I could only hear her voice sounding like singing and crying:
"Chief Referee. The Oriental Youth Goalball Team that is training at the stadium involved in the case is a deaf-mute team, and the defendant Takai is the coach of the team. Recently, they are fully preparing for the World Goalball Championship. They can compete on the stage of the World Series.
It is of extraordinary significance to these special groups. If the stadium is forced to open, they will lose this training ground."
This chapter is not finished yet, please click on the next page to continue reading the exciting content! "Now the gateball courts in Tokyo are saturated, and there is no way to free up the space for the Tokyo Youth Gateball Team to train. They can either go to artificial facilities that are not up to standard at all.
Training on plastic turf will either force you to rent an expensive and overly large football field for training. The latter will place too great a burden on the team's financial situation."
"The defendant's attorney requested that the chief referee take into account the special situation of the defendant in this case and take into account law, reason, and emotion when making a judgment. Let the law be implemented with emotion and warmth!"
Miyagawa's speech echoed in the court.
Like a Satsuma pipa playing in the courtroom.
A singer wore a veil and played the pipa, slowly singing a heart-touching song.
The song lingered inside the courtroom, making those who heard the music couldn't help but look sideways and quietly wiped away tears.
Machiko's eyebrows were already twitching. As expected, the other party had no legal advantage and could only play the emotional card. Since the defendant Takai's goal team was indeed deaf-mute, Machiko was not sure whether Judge Eda would
Feeling compassion, her heart suddenly began to beat.
However, Judge Eda on the bench became silent, as if he was thinking about something. After a while, he raised his head and said: "After today's trial, the facts have been found out, and the attorneys of both sides have fully expressed their arguments.
According to the Civil Procedure Law, cases subject to summary procedures should be judged in court. This court decided to pronounce the judgment after a 20-minute adjournment."
"Adjourn now!"
"Click!"
The gavel hit the wooden base.
The court hearing of the Aoba Terrace Apartment Owners Committee v. Takai case has officially concluded.
Chapter completed!