Chapter 213 Identification
"Next, I will give my cross-examination opinion on the land boundary map No. T628307 presented by the defendant." Kitahara's voice echoed in the court.
The court investigation has reached a critical stage. The land boundary map No. T628307 produced by Gu Meimen was produced by the surveying and mapping team of the Land Registration Office 23 years ago. Its conclusion shows that the 37 pillars proposed for the General Hotel are built
All fall within its boundaries, which is an important basis for the hotel to carry out construction. This document will also determine whether the Akagi Hotel Group has the subjective requirements to establish infringement.
Over at the plaintiff's table, Kitahara's figure seemed to be strolling in a court, but it exuded an extremely strong sense of oppression. Machiko was sitting in the position, and she just witnessed how the male lawyer cross-examined the surveying and mapping technology proposed by Gu Meimen.
. Even though she was just sitting next to him, the fierce attacks pouring out like a storm still made her tremble.
Kitahara held up a copy of the land boundary map and pointed at a column of tables in the map. The name of this column was cadastral survey basis. There were a few crooked words written in a black ballpoint pen in the column, like placing
It is written directly on the palm of your hand without any hard object to support it.
The cadastral measurement basis in this column contains seven characters: "The current boundary is defined by the user."
"Chief Judge." Beiyuan showed this column of forms, with the corner of his mouth slightly raised, "According to the law, the selection of the basis for cadastral survey must follow a certain order. According to the Land Law, the selection order of the basis for cadastral survey is, first
, the land owner establishes the boundary mark on his own. Second, the boundary address of the neighboring land. Third, the boundary indicated by the current user. Fourth, refer to the old cadastral map. Fifth, local customs."
"In other words, when the land boundary survey is carried out, the surveying and mapping brigade does not come out of thin air and directly measure the land. According to legal requirements, the land owner needs to first establish boundary markers on site. Then the surveying and mapping brigade will carry out the land survey on the basis of these boundary markers.
Measure.”
"If the land owner fails to establish the boundary mark on his own within the prescribed period, the surveying and mapping team will need to refer to the adjacent land boundary address for surveying and mapping. If there is no adjacent land boundary address, the land user will designate the boundary on site, and the surveying and mapping team will designate the boundary on site.
Basic surveying and mapping. If none of the above are available, the surveying and mapping brigade will need to refer to old cadastral maps and local customs for land measurement and delimitation."
Kitahara pulled out several pieces of A4 paper from behind the boundary map.
These A4 pieces of paper are attachments to the land restoration map, with black and white photos printed on them.
The black-and-white photo shows what looks like a construction site. Tall raised baffles have been erected on the site, and soil blocks have been excavated. Workers coming and going are constantly carrying the excavated soil blocks. Next to it, a large
Cranes and machinery are preparing for work. A field worker wearing a safety helmet is waving a small flag in his hand, directing the approach direction of these large machinery and equipment.
"Chief Referee," Beihara's voice sounded, "Judging from the attached photos, the hotel was already undergoing construction preparations and preliminary site preparation work had begun. We clearly saw that there were no boundary markers established by the land owner on the site.
, the site has been filled with various construction equipment.”
“Then, in accordance with the order of cadastral surveying basis prescribed by law, in the absence of boundary markers established by the land owner, the surveying and mapping brigade should conduct surveying and mapping according to the adjacent land boundaries. At that time, the land to the west of the General Hotel was still owned by the plaintiff’s father, An Hong.
The land on the north side is owned by Jiuli Academy. Therefore, the surveying and mapping brigade should conduct surveying and mapping according to the boundaries of the land on the west and north sides. The attachment should include the above two cadastral maps of adjacent land."
"However -" Beihara paused slightly.
This brief pause is like the stage suddenly turning dark before the spotlight is turned on, reminding the audience that an important drama is about to come.
The next second, the young male lawyer's voice sounded:
"We can see that the surveying and mapping brigade directly violated the order of selection of measurement basis stipulated by law. It did not obtain the boundary address information of the neighboring land, and did not conduct measurements based on the boundaries of the neighboring land. The surveying and mapping brigade directly ordered the hotel at the time to conduct on-site boundary identification
, aerial surveying and mapping was carried out based on the hotel’s on-site boundary designation results.”
"Therefore, in fact, the so-called surveying and mapping results of the land registration office were generated by the hotel's own identification of the land boundaries. Just now, when the defendant's attorney presented evidence, he claimed that the hotel carried out construction because it relied on the land survey map produced by the administrative agency, and did not have the necessary qualifications to do so.
The infringement was intentional or negligent. However, according to the measurement basis stated in the land relocation map, the survey and mapping of the land boundary was identified by the hotel."
"Therefore, when the hotel identified the land boundary, the defendant himself should be blamed for the wrong result of the land boundary. When he pointed out the boundary, he pointed out the land that originally belonged to the plaintiff's father Anhong into his own name. It should be found that he has
The subjective mentality of infringement. Therefore, the evidence submitted by the defendant’s agent is not enough to prove that the defendant lacks intentionality or negligence in infringement!”
Barristers can always create a story that is beneficial to themselves in an instant, and use this story to refute another story told by the other party's lawyer in court. Gu Meimen's clever argument based on the land boundary complex map suddenly became
The room was torn apart by sharp cross-examination opinions. If the listener had only listened to Gu Meimen’s side of the story, the listener might have really thought that the hotel relied on the erroneous land boundary map issued by the land registration office to carry out construction. It was just a
Innocent people.
However, after Kitahara's cross-examination, the listeners suddenly discovered that the surveying and mapping of the land registration office was actually based on the boundaries specified by the on-site hotel. This turned into another version of the story. This constant reversal of right and wrong,
Time and time again, it struck the nerves of the audience. The audience in the auditorium gradually no longer dared to make judgments easily.
Gu Meimen straightened her posture a little and looked serious. If a young lawyer exudes the temperament of a big lawyer, maybe it is just an illusion of his own. Then the lawyer in front of him can withstand it once, twice, or three times.
When you can hold back your own attack and launch a counterattack calmly, this is enough to illustrate the opponent's strength.
Who is this lawyer named Beihara in front of me?
Gu Meimen thought for a moment and stood up. He decided to get serious. His voice echoed in the court: "The order of the so-called cadastral measurement basis that the plaintiff's attorney just claimed is actually the fault of the administrative agency."
The surveying and mapping team of the Land Registration Office skipped the legally prescribed sequence and ordered the hotel to conduct on-site demarcation. In this process, the defendant was only a passive and passive role. It obeyed the instructions and arrangements of the administrative agency.
It lacks the manifestation of its own will. As a hotel, the defendant cannot have professional understanding of the legal procedures of surveying and mapping. The plaintiff’s cross-examination opinion only showed once again that the behavior that caused the hotel building to cross the boundary was due to the procedural procedures of the surveying and mapping brigade.
Chapter completed!