Chapter 231 Court Debate
December 25th, Christmas.
[At 9:07 a.m., the corporate bank account of Takahashi Legal Affairs Consulting Club was frozen]
[At 9:16 a.m., Kitahara and Shimada submitted an application for litigation preservation to the Tokyo High Court, in which Mizuho Bank Shinjuku Branch issued an irrevocable letter of guarantee for the application]
The time came to 9:58, and there were still two minutes left before the third court session.
At this moment, seven magistrates have taken their seats in Court No. 607, and the atmosphere is solemn and solemn. The court investigation process has gone through for two days. For such a land exclusion and nuisance lawsuit whose "facts" seem to be somewhat simple, the evidence and cross-examination stage can continue
It has been a very rare situation for two whole days. Lawyers from all sides - Kitahara, Miyagawa, Komemon, and Machiko are all already in their seats and ready.
Gu Meimen was sitting leisurely in the dock, leaning on the chair, comfortably enjoying the atmosphere of the upcoming court session. This lawyer, who had a 100% winning rate, was in an extremely comfortable mood at the moment. He had learned that the Department of Justice and the Office of Finance had arranged the other party's case.
The third-party funding litigation company is in trouble. In the short term, it will not be easy for the third-party funding company to resume bank payments. The other party's source of funding has been cut off. Presumably at this moment, they can no longer focus on
involved in this case.
In the court, Shimada, the vice president of the Shinjuku branch of Mizuho Bank, was no longer in the gallery, and no one from Takahashi Legal Affairs Consulting Club appeared at today's court hearing.
There must have been a fire in the backyard.
Next, it should be a complete court trial.
Gu Meimen swayed her chair and cast her eyes on the plaintiff's seat opposite. Why not appreciate the other party's dejected expression before the trial begins.
The moment he looked towards the plaintiff's table, Gu Meimen suddenly discovered that the lawyer named Beihara was also looking at him. He also had the same look of leisurely contentment as he leaned on his chair, and his eyes also fell on him.
On his body. And there was a hint of ridicule in his eyes, as if he was watching a disaster coming to him without knowing it.
Perhaps such a picture was so far away from the picture of the plaintiff's lawyer in Gu Meimen's imagination that Gu Meimen's body movements could not help but stiffen slightly. The barrister's inner turmoil finally became more and more intense.
Da. During the last court hearing, Kitahara adopted a guerrilla warfare strategy, ignoring Gu Meimen's objections and constantly looking for new angles to attack.
What he said was actually ignored by the other party in court. This is probably the first time Gu Meimen has experienced.
But now, Gu Meimen has resorted to off-site tactics, and the opponent who should have suffered a heavy setback still seems to be fine.
The barrister felt that his pride and self-respect had been challenged by the young man before him.
"Don't blame me for being rude." Gu Meimen pressed her knuckles and made a "click, click, click" sound, staring coldly at Kitahara who was sitting in the plaintiff's seat.
On the trial bench, Judge Eda sat up straight, raised his gavel, and smashed it against the wooden seat.
After a crisp sound of "click", the chief referee was heard to announce: "Takai v. Akagi Hotel Group, Tokugawa Keiji's case of excluding nuisance disputes, the third court hearing. The day before yesterday and yesterday, the original defendant had already filed a lawsuit related to this case.
The facts have been proved and corresponding cross-examination opinions have been issued. Now the court investigation phase has ended and the court debate stage has entered. During the court debate stage, all parties are invited to express their opinions on the application of the law in this case. The plaintiff is asked to express his opinions first.
"
Kitahara smiled slightly and stood up calmly, "In this case, the building owned by the first and second defendants, the General Hotel, occupied two square meters of the plaintiff Gaojing's land. The facts are clear and the evidence is sufficient. According to the provisions of the Civil Law, 'owner
Those who have no right to possess or usurp their belongings may request their return. Those who interfere with their ownership rights may request their removal.'"
"Therefore, the first and second defendants should, in accordance with the provisions of the law, return the two square meters of land that had been occupied by the plaintiff Gaojing and remove the buildings on the ground. The above is the end of the debate."
In less than two minutes in total, Kitahara finished his debate opinions.
Following the shortest civil complaint, there was the shortest argument.
Imanishi, who was sitting in the gallery, couldn't help but clench his knees. This Kitahara... such a big case... actually only read such a brief argument... It's really... it's such a child's play. However, Rao is
In this way, after thinking about it calmly, Imanishi had to agree with Kitahara's strategy.
After two days of court investigation, the seven magistrates of the collegial panel were already immersed in the details of various land surveying and measurements.
At this time, such a short argument can bring the court's focus back to the right track.
After all...should the hotel's load-bearing columns be demolished or not?
When Gu Meimen heard this short debate, her brows couldn't help but twitch slightly. This boy... this boy really dared to look down on himself openly.
Next to him, Machiko gradually discovered something strange about Komemon. Since the last court hearing, Komemon's emotions gradually lost control in front of the young man. Machiko, who had always known Komemon well, knew that this meant that his opponent
To some extent, this lawyer with a 100% winning rate has been tied.
Machiko couldn't believe the scene in front of her. She couldn't help but take another look at the other party's plaintiff's lawyer. Such a young graduate lawyer had almost tied up Gu Meimen's lawyer. Looking at the picture opposite him, there was something amiss.
With a handsome face, Machiko felt a kind of creepiness in her heart for some unknown reason. A kind of fearful emotion caused by the huge gap in strength.
"Now let's ask the defendant's attorney to express his opinions." Judge Jiangtian turned to look at the defendant's box.
"Chief Judge." Gu Meimen stood up and looked at the plaintiff's bench with a cold gaze, "Civil law stipulates: If the owner of the land builds a house that crosses the land boundary without intentional or gross negligence, the owner of the neighboring land will not immediately notify him if he knows that he has crossed the boundary.
If you raise an objection, you may not request the removal or modification of your house. However, the landowner shall pay compensation for the damage caused to the neighboring land."
"In this case, during the evidence and cross-examination process, the defendant has produced the boundary survey map of the land registration office 23 years ago, indicating that the hotel relied on the measurement conclusions made by the surveying and mapping team to carry out construction. Therefore, the pillars of the hotel involved in the case crossed the boundary and were illegal.
It is caused by the hotel’s intention or gross negligence.”
"The plaintiff and his father, as the owners of the land involved in the case, should have noticed that the hotel's pillars had crossed the boundary for many years, but they never raised any objection. According to the provisions of the civil law, the plaintiff has lost the right to request the defendant to remove the building.
According to legal provisions, the defendant can pay compensation to the plaintiff for the purchase price and redeem the land it occupies."
"According to statistical data, the current average land price in Shinjuku Ward, Tokyo is approximately 2.9 million yen per square meter. Accordingly, the first and second defendants are willing to pay 5.8 million yen to redeem the land in accordance with the law."
"The above is the end of the debate."
Gu Meimen sneered and sat back. His debate opinions were also very short and were delivered in less than 5 minutes. However, in this less than 5 minutes of debate opinions, another bombshell
Chapter completed!