Chapter 205 Law and Engineering
The autumn wind was blowing in the courtroom, and chilling feelings came from all directions. Miyagawa stood there, not knowing how to react. She had just gotten into a big trouble, and she blurted out a retort rashly, but the other party caught the flaw and turned it into a weapon for her own side.
Big disadvantage. In fact, this cannot be blamed on her. If it were in a normal case, Miyagawa's rebuttal would probably be regarded as a wonderful speech.
However, what she is facing now is Gu Meimen - a terrifying opponent. Any slightest carelessness or loophole will lead to tragic consequences of overturning the cliff.
The white lights in the courtroom dazzled the beauty's eyes. Vaguely, this sense of unreality actually made Miyagawa feel as if he was being ambushed from all sides.
At this moment, the male lawyer behind the beauty stood up quietly, shook his suit jacket, came behind Miyagawa, and whispered softly:
"I come."
Kitahara's voice came from Miyagawa's ears unexpectedly.
The faint breath seemed to be gently stroking the beauty's earlobe, calming her heart.
Kitahara took a step forward and stood in front of Miyagawa, his eyes looking at the Gu Meimen in front of the defendant's bench. The moment he stepped forward, his leather shoes seemed to make ripples on the ground of the courtroom. That's all.
, the ripples continued to expand and became turbulent. The waves hitting the rocks became larger and larger, and the wind on the sea became violent, setting off unprecedented huge waves. At this moment, the atmosphere in the entire court seemed to be because of
This young male lawyer took one step forward and made an incredible difference.
Gu Meimen's eyes also fell coldly on the male lawyer opposite. Gu Meimen, who has experienced many battles, smelled murderous intent from this careless young man. This murderous intent was well hidden in his seemingly
Under the harmless appearance. From the initial mediation meeting, to the brief confrontation over the fire escape issue in the neighbor's right-of-way lawsuit, and now the two are facing each other. The temperament exuded by this young man is explaining:
He is a highly dangerous lawyer.
In the court, Kitahara and Komemon stood in front of their respective seats, looking at each other, like two samurai holding their own sharp secret swords before a duel, speculating on the other's next fighting sword skills.
The powerful aura seems to be surging and colliding in the air, creating bright sparks in places invisible to the eyes.
The audience in the gallery couldn't help but be a little confused when they saw the calm demeanor of the plaintiff's male lawyer. They didn't seem to understand why he was so calm. And some people with keen senses had noticed that the atmosphere in the courtroom was quietly happening.
Variety.
The next second.
Kitahara's voice was heard saying, "There are pavements under the pillars of the Shogun Hotel. There are corresponding artificial construction buildings on the occupied land, not bare land. Therefore, even though my client Takai only owns the above-ground buildings,
Ownership, but the encroachment of related sidewalks and other buildings by the hotel should also be regarded as an infringement of the ownership of the buildings above Gaojing. Therefore, the plaintiff has the right to file a lawsuit to eliminate the nuisance."
Kitahara stood steadily in front of the plaintiff's table, exuding a general's demeanor. Even when facing an extremely powerful opponent like Gu Meimen, he still maintained an almost inhuman composure.
Gu Meimen's eyes were deep, and he retorted almost within a second of Beihara's words: "The plaintiff's lawyer's argument just now confused the difference between buildings and structures, and wrongly classified sidewalk facilities as buildings.
Object."
The barrister with cream-combed hair walked in the court with a relaxed expression, "What the plaintiff only owns is the ownership of the buildings on the ground. And the so-called buildings should refer to the production and life of ordinary people.
Engineering sites for business, entertainment or storage of items, etc. Structures are engineering sites where people do not directly engage in the above activities."
"This definition may sound convoluted. However, the core difference is simple. That is, any place where people will stay for a long time is a building, and any place where people will not stay for a long time is a structure. The sidewalk is a thoroughfare
Facilities, obviously pedestrians will not stay in place for a long time under normal circumstances. The correct classification of sidewalks should be structures, not buildings."
"Therefore, even though the sidewalk facilities were invaded by the hotel's large pillars, because the sidewalks cannot be classified as buildings, the plaintiff Gaojing's ownership of the above-ground buildings was not infringed. What was infringed was still the land ownership. Accordingly, the plaintiff is still liable for this case
The so-called misappropriation behavior lacks the right to sue.”
Gu Meimen's voice echoed in the court, and everyone who heard these words was stunned for an instant. Sitting in the gallery, Imanishi couldn't help but be impressed by this lawyer with a 100% winning rate. Unexpectedly, Gu Meimen
Meimen was able to continue to dig deeper, dig out the differences between buildings and structures, and use this to fight back against the opponent. This fight back was really too subtle.
Thinking of this, Imanishi couldn't help but lament his good luck. In his past professional career, he never faced Gu Meimen in court. This is really very lucky.
Imanishi's eyes couldn't help but return to that wild boy. Can he still cope with it this time?
However, in the courtroom, Kitahara remained unhurried, as if Gumeimen's counterattack had no impact on him, and calmly retorted: "The defendant's lawyer compared the term 'building' in the legal sense with the term 'building' in the engineering sense.
It confuses the property with the property. It inappropriately restricts the legal terminology and narrows the scope of the defendant's ownership of the above-ground buildings."
"Roads should be treated as ancillary facilities of a building and are an outward extension of the building. If ancillary facilities of a building are encroached upon, the building shall be deemed to have been encroached upon."
"Besides." Kitahara sneered slightly, as if he had discovered a flaw in the words of the lawyer with a 100% winning rate. "Please pay attention to the chief referee. The real estate title certificate adopts a dichotomy, that is, the ownership of the land and the ownership of the buildings on the ground.
.In addition, the real estate certificate does not record the ownership of above-ground structures, but only refers to the ownership of above-ground buildings in general to all engineering facilities on the ground."
"Although the legal term here is not the same as the engineering term 'building', it can be seen from the dichotomy on the real estate certificate that the true meaning of the legal term here and the engineering term corresponding to it should be -
—”
Beiyuan paused for a moment, then smiled and said, "'Ground attachments'. The so-called ground attachments refer to all artificial fixtures on the ground. The correct understanding of the 'ownership of above ground buildings' on the real estate certificate should be that the ground
The ownership of all artificial fixed objects. Otherwise, according to the explanation of lawyer Gu Meimen - ditches, pipes, drainage and other facilities attached to the land belong to neither the land nor the buildings. Does their ownership belong to this?
Vacant and unable to be reflected? This is patently absurd.”
"To sum up, although my client Gao Jing only owns the ownership of the above-ground buildings. The pillars of the General Hotel have occupied the sidewalk facilities on the land and also caused infringement to the artificial fixtures on the ground. Accordingly, it should be considered that the plaintiff Gao Jing's above-ground buildings
Chapter completed!