In the court, a small projector emitted a beam of light and projected it on the whiteboard next to the defendant's seat. On it were displayed five scanned copies of land boundary survey maps. These land boundary survey maps looked very old, and the paper had turned yellow, and it seemed that just a gentle touch

It will shatter into pieces when touched. The title of the drawing is printed with "No. A68200508" real estate boundary map. Real estate No. A68200508 is the real estate certificate of the Grand General Hotel.

"Chief referee, before I elaborate on the evidence presented, please let me first introduce the history of the so-called pillars at the General Hotel involved in the case that are accused of encroaching on Taojing's land." Gu Meimen said with a slight smile.

"The palace-style columns of the Shogun Hotel involved in the case were built 23 years ago. Once completed at that time, it became a popular landmark building in Shinjuku City. Two years ago, the Shogun Hotel began to undergo protective demolition and was to be rebuilt into a new super high-rise building.

Luxury hotel. When construction started, the positions of the columns of the General Hotel were clearly marked, and a total of thirty-seven large columns were dismantled. After the foundation of the high-rise building was excavated, the hotel used new columns that were exactly the same as the original style for support.

Including the size, volume, and style, they are all the same as the original ones. In order to achieve this, although the appearance of the columns is the same as the old columns, new concrete technology is used inside, which has great hardness and density. It can be called an engineering miracle.

Load-bearing columns of skyscrapers.”

"Why do I mention this piece of history?" Gu Meimen said with a smile, "The original intention is to make the court notice that although the General Hotel was demolished and rebuilt two years ago, the location, perimeter, and area of ​​its large pillars

, have not changed.”

"Therefore, in order to find out why the hotel's large pillar was built on the land of the plaintiff Gao Jing, we need to go back at least 23 years ago to the relevant facts about the initial construction of the palace pillar at the General Hotel. Only 23 years ago can we find out

What exactly happened will allow us to understand why the General Hotel built its pillars on someone else's land."

"Twenty-three years ago, why did the General Hotel build a large pillar on someone else's land? The answer lies in the land boundary maps shown by my projector." The corners of Gu Meimen's mouth raised slightly.

, "Please pay attention to the chief referee. The land where the General Hotel is located has experienced five boundary changes."

"The chief referee please pay attention to the second land boundary map." Gu Meimen walked to the whiteboard and raised her finger to the projected land boundary map numbered T628307. "At that time, the hotel was about to build a palace-style hotel.

Big pillar. At that time, due to the technical limitations of the era, the amount of the project was quite huge. Therefore, the Construction Bureau required the General Hotel to carry out the land boundary survey to ensure that the project did not cross the neighbor's boundary before allowing the construction project permit to be granted.

"

"In this regard, the General Hotel applied to the Shinjuku City Land Registration Office for land boundary restoration. Twenty-three years ago, in the 32nd year of the Great Era, the Shinjuku City Land Registration Office dispatched a land boundary surveying and mapping team to the project at the request of the hotel.

The on-site land boundary survey was carried out to investigate whether the locations of the thirty-seven large pillars to be built at the General Hotel are within the real estate boundary of the hotel owner."

The dim light emitted by the projector condensed on the screen. The upper half of the yellowed land boundary map first contained basic table information, which stated the real estate number of the land being measured, the owner, the date of the survey, and the date of the survey.

Father-in-law’s institution, etc.

Further down is the specific style and shape of the land boundary.

There are thirty-seven red dots on the boundary map. In the notes next to it, technicians from the surveying and mapping brigade marked that these thirty-seven red dots are the locations where the hotel's large pillars are planned to be built.

These thirty-seven red dots are all located exactly on the right side of the middle boundary.

Not a single red dot falls on the left side of the property boundary, which is Takai's land.

Looking further down, at the end of the land boundary map, in the column for the results of the survey, there is written the conclusion of the survey conducted by the Land Boundary Surveying and Mapping Team of the Shinjuku City Land Registration Office.

The cold Chinese characters formed a passage that had an extremely impact on the case.

The conclusion of the Land Boundary Surveying and Mapping Brigade reads:

"After the land boundary re-examination, the boundary between the land of the General Hotel and the neighboring land has been re-mapping. After on-site measurement, it has been found that the pillars of the General Hotel do not cross the neighbor's land boundary, and the construction can be reported to the Building and Construction Bureau for approval."

"The conclusion was made by Yue Zhiyouliang, captain of the boundary surveying and mapping team, on May 6, the 32nd year of the Great Yuan Dynasty."

Gu Meimen pressed the remote control in her hand, and a laser beam hit the whiteboard and scanned the second line of the conclusion on the return of the land boundary. The barrister smiled evilly, "Please pay attention to the conclusion of the return of the land boundary.

That sentence."

[If it does not cross the neighbor's boundary, it can be reported to the Building and Construction Bureau for approval]

As the laser beam of the remote control swept over, the audience in the auditorium couldn't help but widen their eyes. Even though the red dots condensed by the laser beam were a bit dazzling, everyone couldn't help but want to see the original with their own eyes.

"From this land boundary map, you can see why the General Hotel built a large pillar on someone else's land more than 20 years ago." Gu Meimen strolled to the middle of the court, as if in a square

As if delivering a speech to a crowd of people, his tone became impassioned in an instant. The ups and downs of his voice captured the attention of almost everyone present, and they could only hear what he said the next second.

:

"The fundamental reason why the pillars of the Shogun Hotel were built on other people's land is that my client, the Akagi Hotel Group, relied on the measurement results of the Shinjuku City Land Registration Office Surveying and Mapping Brigade at that time. In fact, the measurement results are wrong from today's perspective.

. He mistakenly included the plaintiff's two square meters of land into the defendant's land boundary. As a result, my client did not realize that a pillar during construction would invade other people's land. The defendant carried out the construction based on the measurement results of the administrative agency.

There was neither intentional infringement nor negligence, and the obligation to redefine the land boundary had been fulfilled."

"One of the requirements for the establishment of an infringement must be the perpetrator's intentional or negligent subjective state of mind. After retrieving the land survey plan involved in the case, we found that the party relied on the wrong measurement results of the land registration office.

, and construction was carried out.”

"However, in the face of the authoritative demarcation results issued by the administrative agency, it is completely reasonable for my client to trust it. Therefore, the defendant lacks the subjective intention to encroach on the land, nor lacks a negligent attitude of caution, and the infringement is not established.

Subjective elements. To sum up, although my client’s building fell on the plaintiff Gao Jing’s land, it did not constitute an infringement against the plaintiff Gao Jing!”

After an impassioned speech, Gu Meimen sneered slightly at the corner of her mouth and quickly returned to a calm attitude, "Therefore, all of this is just an accident."

【Unexpected event】

[The so-called legal accident refers to the fact that although the actor's behavior objectively caused damage, it was neither intentional nor negligent, but was caused by unforeseen reasons, which is an accident.

.Accidents are one of the legal grounds for exemption]

"According to this, my client should have the grounds for immunity provided by the law. The court should reject the plaintiff Gao Jing's claim to eliminate nuisance. As for the misalignment of the land boundary that caused the hotel building to invade the land, the plaintiff can sue the Land Registration Office separately.

Demand a claim!”

Gu Meimen's voice echoed in the courtroom.

This barrister was eloquent and presented his remarks in front of everyone with his serious words that confused right and wrong.

However, the strong legal basis cannot make people ignore the existence of this rhetoric.

Building on someone else's land does not constitute infringement.

Such an unimaginable situation was demonstrated by Gu Meimen, and for a while there was no way to refute it. Yes, if the building that encroached on the other party's land was based on the demarcation of land boundaries made by the land registration

It was built by Tucai, so what's the fault of the hotel?
Chapter completed!