Chapter 202 The Third Person
After Kitahara finished speaking, Machiko was already stunned. The courtroom echoed with the sound of the clerk typing on the keyboard. The keyboard that was constantly being pressed recorded all the words of Machiko and Kitahara in the court transcript, word for word.
Machiko wanted to speak again, but the cold words on the screen could no longer be changed.
In order to refute the male lawyer, she said less than two hundred words.
However, just these two hundred words directly put Aoba Terrace Apartments on the hook for possible compensation for the excessive seizure of Takai's land.
Machiko had been in court with Gu Meimen many times and was already very familiar with the court. However, at this moment, she actually felt that the court in front of her had become unfamiliar, like a monster with its bloody mouth open. As long as she
If you are not careful, you will be swallowed by this monster.
Machiko looked at the male lawyer in front of her again, and she couldn't help but feel a creepy feeling in her heart.
At this moment, Katsuyama, the director of the Aoba Terrace Apartment Owners Committee, was sitting in the gallery. Hearing the words of the male lawyer on the other side, his mouth opened slightly and he was suddenly dumbfounded. This... this is different from what Lawyer Dai said at the beginning.
A few days ago, when persuading Aoba Terrace Apartment to join the lawsuit as a third party, Lawyer Dai did not mention that the apartment might be held liable if it joined the lawsuit.
However, now, the Kitahara lawyer says that the condominium has obstructed Takai from exercising his right to sue and will be liable for the excessive amount of land seized.
A drop of sweat slid down Shengshan's face. That day, he was the one who took the initiative to propose an on-site owners committee meeting and entrusted Lawyer Dai to join the lawsuit. It was also himself who encouraged the committee members to vote in favor.
If, in the end, the apartment has to bear additional responsibilities because of joining this lawsuit, then wouldn't he become the sinner in the apartment and offend many powerful people in the apartment?
Shengshan's face gradually became ugly.
Judge Eda, who was sitting on the bench, looked at Machiko and said: "I have understood the claims of both parties. Please let the attorney continue to speak about the second third party Baileshi Restaurant Club."
Machiko's hands were already shaking slightly, but she still forced herself to calm down. She took the document given by Gu Meimen and read: "Baileshi Restaurant Club is a company that operates catering and hotels. The legal representative is Mitani Yumi.
Five years ago, Baileziwei Restaurant Club and Akagi Hotel Group reached a "Hotel Contracting and Operation Agreement" regarding the operation of General Hotel. The agreement specified the four aspects of the hotel building, building leasing matters, and corresponding contracting fees.
.The contract period is 15 years.”
"The Shogun Hotel involved in the case is a landmark tourist building recognized by the Shinjuku City Bureau of Culture and Tourism in Tokyo. It has the right to advertise on public websites and bulletin boards such as the city hall. Therefore, the relevant operating lease information of the Shogun Hotel needs to be reported to the city hall.
Website announcement. After Baileziwei Restaurant Club and Akagi Hotel Group reached the "Hotel Contracting and Operation Agreement", the relevant operating lease briefing has been announced on the city government website."
"Regardless of whether the General Hotel building in this case has occupied the land of the plaintiff Takai. Assuming that even if the hotel has indeed occupied the land, then the Akagi Hotel Group has no right to lease Takai's land. However, the lack of the right to lease does not affect the lease.
The validity of the contract. The operating lease status of Bailexiwei Restaurant Club and Akagi Hotel Group has been announced on the relevant website."
"The plaintiff Gao Jing now requires the demolition of the building that the hotel has encroached on the land. However, the building is actually a load-bearing pillar of the hotel. Once removed, the entire hotel building will also be demolished, and the third party Baileziwei Restaurant Club will also be forced to withdraw from the lease.
site."
"Plaintiff Gao Jing, as the owner of the land involved in the case, has not made any statement regarding the land occupation for many years. Moreover, he did not raise any objection after the general hotel's operating lease was publicized. In this regard, it should be considered that plaintiff Gao Jing has already expressed his dissatisfaction with Baile Taste.
The operating lease relationship between the Catering Club and the Akagi Hotel Group is acquiesced. Therefore, the operating lease relationship between the Bailexi Restaurant Club and the Akagi Hotel Group can be fought against the plaintiff Takai. Takai should wait for the end of the hotel lease relationship before filing a lawsuit to eliminate nuisances.
.”
After the beautiful lawyer finished speaking, another third person blocked the road and prevented the opposite lawyer from exercising his rights to the Akagi Hotel Group. According to Machiko, Takai must wait another ten years for the lease relationship to end before he can request the hotel to be demolished.
Building. At this moment, no one in the auditorium expected that it would be such a difficult process to claim rights from the hotel.
You have to go beyond Aobadai Apartment.
And it also has to go beyond the actual leasing operator.
This is the horror of Barrister Gu Meimen.
Now, the plaintiff's lawyer has to cross these two thresholds before actually confronting the defendant Akagi Hotel Group.
Machiko believed that it was just luck that Kitahara was able to refute on the spot. All her court documents related to the third party were not submitted to the other party in advance. Therefore, the other party could only respond by reacting on the spot. The reason why Kitahara was able to react was
It is probably just a coincidence, maybe he has handled similar cases before.
However, people can react quickly once, but it is impossible to react a second time.
Especially when faced with this move, it was all a killing move carefully prepared by Gu Meimen.
It would be impossible for a young lawyer of his own age to react.
Machiko put down the document in her hand and looked up again. When she saw the appearance of the male lawyer, her exceptionally beautiful face froze again.
He...he is still smiling.
Why... why?!
Kitahara shook the suit jacket on his body, and he had a sense of coolness based on his east-west, north-south style. He smiled softly and said: "According to the judicial interpretation of the Supreme Court on hearing disputes over urban housing lease contracts, the relevant construction projects have not been obtained.
The lease contract with the planning permit should be invalid. The pillars of the General Hotel crossed the land boundary, indicating that the construction of the hotel involved in the case was not carried out in accordance with the scope of the permit. The part that crossed the land boundary should be regarded as an illegal construction without a permit.
Object."
"The operating contract agreement reached between Bailexiwei Catering Co., Ltd. and Akagi Hotel Group includes the terms of leasing the hotel building to Bailexiwei Catering Co., Ltd. The part of the building that currently crosses the boundary has not obtained a permit, so the relevant leasing
The contract shall also be deemed invalid in accordance with the relevant provisions of the Supreme Court.”
"An invalid legal act has no effect from the beginning. Therefore, the other party's agent said that the plaintiff Gao Jing acquiesced in the operating lease relationship of Baile Ziwei Restaurant Club, etc., has no legal basis. On the contrary, the leased land relationship involved in the case is invalid, and the plaintiff Gao Jing cannot be challenged
Chapter completed!