Chapter 174 Sentence
5:30 pm.
At this time, the setting sun was already setting in the corridor outside the trial court.
Miyagawa was sitting in the dock, extremely nervous. The blood on her beautiful face had faded a lot, and she kept holding a black ballpoint pen tightly in both hands. This was the first case she handled independently, and she didn't want to let her down.
Her client, Miyagawa, kept thinking about the scene of the goalball players training on the green grass, as well as the experience of the flower field.
Miyagawa's dream is to protect the flower field.
The shelter these people finally found must be protected by themselves.
But the more they think about it, the greater the pressure in Miyagawa's heart. If they lose, without this gateball field, with their current financial resources, they will not be able to find a suitable venue for training. They finally fought for it
I got the opportunity to participate in the World Championships, but I couldn't fight hard for it.
As if being pressed down by a huge rock, Miyagawa even found it difficult to breathe.
Kitahara was watching Miyagawa from the side at this time and did not intervene. After all, every lawyer will always experience this, so there is no harm in letting her experience this roller coaster of emotions.
Suddenly, the indicator light on the secret door on the left side of the court turned from red to bright, and Judge Assistant Kyoko took the lead in entering the courtroom. Kyoko sorted out the information on the clerk's desk, made sure that the computer was in good working condition, and then looked at the original computer in the courtroom.
The defendant's lawyers raised their voices and said, "The chief referee is about to take the seat to pronounce the verdict. Please all stand up."
The voice fell.
The four lawyers in the court stood up one after another. Komemon tied the first button of his suit lazily. Machiko kept her straight posture, while Kitahara's posture was a little crooked.
Miyagawa also stood up. When she heard the secretary's voice, her heart beat violently twice. Her throat had obviously drunk mineral water, but now she became thirsty. The time passing by around her
, as if frozen, passing by at a speed a thousand times slower. The surrounding scene gradually became a little blurry.
The next second.
At the secret door, Judge Eda appeared, and he stepped into the trial seat. His black robe fluttered gently, and on the towering trial stand, his somewhat young face also looked quite majestic at this moment.
Seeing Judge Eda, Machiko immediately stepped forward, took out a piece of A4 paper, and handed it to the judge, "Chief Judge. Before making a judgment, I would like to submit a preliminary execution application. Considering that Aoba Terrace Apartment is now in traffic
Difficulty, regardless of whether the judge agrees that Aoba Terrace Apartment has the right of way to the adjacent land, the plaintiff's claim is requested to be executed first. Aoba Terrace Apartment is willing to provide a certain amount of money as a guarantee for the first execution."
【Execution in advance】
[The so-called advance execution means that in some special types of cases or emergency situations, before the court makes a judgment, the court is allowed to execute the scope of the parties’ litigation claims, transfer the other party’s property or stop it, and eliminate certain types of obstruction. Generally speaking,
In other words, compulsory execution often needs to wait until the judgment takes effect. Preliminary execution is such an exception]
Upon hearing Machiko's request to be executed first, Miyagawa's eyes suddenly widened a bit, and he immediately took a step forward, "Chief judge, the judgment is about to be made. After the first instance judgment is made, an appeal is filed, and the case should be transferred to the Tokyo High Court.
The other party’s application for preliminary execution should be submitted to the Tokyo High Court, instead of submitting the application to the Shinjuku District District Court now.”
Before the verdict was announced, the two heroine lawyers fought again.
Judge Eda accepted Machiko's application for preliminary execution with an expressionless face.
"Chief referee!" Miyagawa took a step forward, opened his mouth, and wanted to speak again. At this moment, Miyagawa thought that the judge's action of accepting the other party's application for preliminary execution was very bad. This almost expressed the judge's agreement with the other party's exercise.
The right of way of neighboring land. Otherwise, the judge will not agree to the request for preliminary execution.
"Click!"
The gavel struck.
Miyagawa's face tightened again, but the sentencing had already begun, and she could no longer speak at this time. The green jade fingers were trembling slightly, and this beautiful figure stood in front of the trial seat, somewhat stunned.
Judge Eda held a piece of paper in his hand and read out: "Shinjuku District District Court, First Instance Civil Judgment Jingxin [65] 0925. Plaintiff: Aoba Terrace Apartment Owners Committee. Plaintiff's attorney: Gu Meimen Law Firm
Lawyer Gu Meimen Yan introduced, lawyer Dai Machiko of Gu Meimen Law Firm."
"Defendant: Takai Masahiko. Defendant's authorized agent: Eto Law Firm lawyer Kitahara Giichi, Eto Law Firm intern lawyer, Miyagawa Saeko."
"In the case of dispute between the plaintiff Aoba Terrace Apartment Owners Committee and the defendant Masahiko Takai over the right of way in the adjacent land, this court filed the case on October 5 and applied simplified procedures in accordance with the law. On November 21, this court held a pre-trial mediation meeting. November 25
On the same day, a public hearing was held.”
"The plaintiff's attorneys, Kitahara Giichi and Miyagawa Saeko, attended the court to participate in the lawsuit, and the defendant's attorneys, Komemon Kensuke and Dai Machiko, attended the court to participate in the lawsuit."
"The trial of this case has been concluded. The facts found during the trial are as follows. The plaintiff, the owner of Aoba Terrace Apartment, holds a super high-rise residential building located on land No. A58012, Shinjuku-ku, Tokyo in a trust manner. The real estate title certificate of the apartment building is No. A58012330 to
No. A58012950. The defendant Masahiko Takai owns a golf course, located on land No. A568013, Shinjuku-ku, Tokyo. The related real estate number is A58233507. Since the middle of this year, subway construction has blocked the north and west sides of Aobadai Apartment.
side, the entrance on the east side. It was found that there is an underground trail on the first floor of the Aoba Terrace apartment leading to the outside world, but the road is in poor condition."
"This court believes that when the road is isolated, the law stipulates that the land owner can exercise the right of passage on neighboring land. Although the law does not stipulate whether the land use right holder can exercise the right of passage on neighboring land, based on the legislative purpose of the right of passage on neighboring land,
, the actual user of the land can also request access to neighboring land. Now the Aoba Terrace Apartment in this case is actually facing a state of road isolation, so the apartment owner, as the owner of the right to use the land, can also request access to neighboring land."
This chapter is not over, please click on the next page to continue reading! "This court recognizes both the first and second claims of the plaintiff. It is considered that the venue in this case is a professional training venue. Although the law stipulates that the right of way on neighboring land is only
The defendant may be compensated for direct losses, but based on the principle of fairness, this court has decided to compensate the defendant for the cost of renting another venue 2 million yen."
"The verdict in this case is now as follows."
"The defendant Takai needs to open the golf course to the owners of Aoba Terrace Apartment. The opening area is a sidewalk and a motor vehicle lane. The width of the sidewalk should be no less than 0.75 meters, and the motor vehicle lane should be no less than the bicycle width plus 0.3 meters."
"The Plaintiff Aoba Terrace Apartment Owners Committee needs to pay the defendant Takai Grassland compensation for losses. The amount of the loss is 90,725 yen per square meter multiplied by the actual area of the occupied golf course."
"The Plaintiff Aoba Terrace Apartment Owners Committee must pay 2 million yen in site rental fees to the defendant within ten days after this judgment comes into effect. If the plaintiff fails to fulfill its monetary payment obligations within the period specified in this judgment, it will be required to comply with the Civil Procedure Law
According to the provisions of Article 236, interest on delayed performance of debts shall be paid.”
"The case acceptance fee shall be borne by the plaintiff."
"If you are not satisfied with this judgment, you may submit an appeal to this court within 15 days from the date of delivery of this judgment, and provide copies according to the number of parties involved, and appeal to the Tokyo High Court."
"Judge: Eda Seibu."
"At the same time, this court agrees with the plaintiff's application for preliminary execution. This court will appoint personnel from the Land Surveying and Mapping Institute to survey the adjacent land boundaries around the plaintiff and defendant's land, and determine the entrance and exit locations of the open channels."
"The verdict has been pronounced."
Every word from the trial bench hit Miyagawa's eardrums. Judge Eda agreed to all the plaintiff's requests, and also agreed to the request for early execution. However, the amount of compensation agreed by the judge was only 2 million yen. He had previously
After calculation, the compensation amount must reach 12 million yen to fully cover Takai's venue rental costs. But now, the court has only awarded 2 million yen in compensation, which is only one-sixth of the target amount and the 38 million yen amount claimed by itself.
Less than one-tenth of .
No matter how much he encouraged himself before, Miyagawa still couldn't accept it when he heard the verdict.
Own……
I lost...
I failed to protect the training ground in the flower field...
In an instant, the emotion of self-blame overwhelmed Miyagawa, as if she was thrown into the bottom of the endless depths.
The judge on the trial bench has already left the court, and Machiko and Komemon on the plaintiff's bench have also packed up and left the court. Machiko looked back at the figure standing blankly in the court, just sighed slightly, and continued to walk away.
.Only Miyagawa and Kitahara were left in the entire Courtroom 607.
On Wednesday afternoon, the two people in the dock encountered their own difficulties. Miyagawa, who was handling a case independently for the first time, suffered a defeat in the lawsuit over the right of way of the neighboring land, while Kitahara directly gave Mizuho Bank personnel on the road.
As a result, the amount of debt repayment at the end of the month increased from 50 million yen to about 73 million yen.
However, fate often likes to play tricks on people.
Sometimes, when you stand on the highest peak, if you take the next step, you will fall into a cliff.
Sometimes, when you are at the lowest point in your life, there are opportunities as precious as gold waiting for you around the corner.
At this moment, Kithara and Miyagawa in the court are troubled by their respective situations. They don't know that this lawsuit over neighboring land rights of passage will soon involve an unprecedented lawsuit that will shock the East. They will face their own problems.
Chapter completed!