"Chief Judge." Gu Meimen immediately remedied, "The plaintiff's attorney just claimed that the land area calculated according to the applicable projection method is a factual issue rather than an issue of legal application. It should be raised during the court investigation stage, not during the court investigation.

Discussion will take place during the debate stage.”

As soon as he finished speaking, Kitahara immediately countered: "Which method should be used to calculate the area of ​​land occupied by infringement is a matter of legal application. As for the actual area, the burden of proof should be borne by the defendant who refutes the plaintiff's claim. Although, just now

The plaintiff's agent proposed the land area obtained under the projection method, but it was not evidence, but only an explanation. The defendant should bear the burden of proof for the specific amount of the infringed land area. If the evidence cannot be provided, the adverse consequences will be borne by the defendant.

The frown on Gu Meimen's face has grown as high as a small hill.

This lawyer, who had a 100% winning rate, also found himself at a disadvantage in this trial.

However, after all, he is an experienced barrister. After realizing that he had fallen into the trap of the other party, Gu Meimen reacted again - the other party's civil complaint only recorded the removal of the load-bearing columns, but did not record the compensation request.

As long as you firmly grasp the other party's request to remove the load-bearing columns and refute it, you will be invincible.

At this moment, among the ammunition prepared by Gu Meimen, only the last bullet was left.

The lawyer, who had a 100% winning rate, took a step forward and said: "Chief Judge. Civil law stipulates that the exercise of rights must not violate public interests or have the main purpose of harming others, that is, the principle that rights must not be abused."

【Abuse of rights】

[The so-called abuse of rights means that although the right holder is exercising his legitimate rights, the way in which the rights are exercised causes great harm to the public interest or the interests of others. This is the abuse of rights. For example, residents can use their rights in their apartments

It is a private right to store personal belongings in a house. However, if explosives or other dangerous chemicals are stored in the house, it will constitute an abuse of rights. Although the house is private property, the explosives or chemicals stored there will harm neighbors.

causing great harm to the interests]

Gu Meimen looked around the court and continued: "The chief judge, to determine whether the rights exerciser complies with the principle of abuse of rights, is to compare the benefits obtained by exercising the rights with the damage caused to others or the public interest. If the rights obtained by exercising the rights

If the benefit is very small, but the exercise of this right causes great harm to others or society, it will constitute an abuse of rights."

"In this case, the plaintiff asked the defendant to demolish the house and return the land. Among them, the hotel occupied only 2 square meters of the plaintiff's land. Since the building that crossed the land boundary was a load-bearing column, once it was demolished, the entire 76-story hotel would be destroyed.

It was demolished in full. It took two full years to rebuild the entire skyscraper, which consumed countless manpower and material resources, and the total cost was as high as 72 billion yen."

"However, even after the entire hotel is demolished, what can be done with the land returned to the plaintiff? According to the "Law on Statutory Open Space for Construction Sites", the two square meters of land belongs to the area that the plaintiff must use as legal open space. In other words,

Even if the defendant returns these two square meters of land to the plaintiff, the plaintiff can only use it as legal open space. The benefits that the plaintiff will get from the return of the land are almost negligible."

"Chief Judge." Gu Meimen stood in front of the trial bench and looked at the seven judges on the stage. "The plaintiff knew that the building components occupying the land involved were load-bearing columns, so he still asked the hotel to remove the load-bearing columns. In addition,

The returned land can only be used as legal open space and cannot be used for other purposes. In summary, based on the above two points of investigation, the plaintiff’s exercise of these rights is mainly for the purpose of harming others, which is consistent with the abuse of rights. Accordingly, the court should reject the other party’s claim.

!”

Gu Meimen's last bullet was fired.

This ferocious bullet called "Abuse of Rights" seemed to make a sound of breaking through the air and hit the plaintiff's bench.

Some of the citizens who were present were still unaware of what "abuse of rights" meant. However, at this moment, some professionals who knew the law had already frowned. In the past disputes over the demolition of houses and the return of land, there was indeed a tribunal.

The principle of "abuse of rights" has been cited to deny the claim for the return of land. But now in this case, the entire skyscraper must be demolished just to return two square meters of land, so the possibility of applying the principle of "abuse of rights" is unprecedented.

The plaintiff is really in danger.

Kitahara frowned slightly when he heard Gu Meimen's defense of "abuse of rights." This reborn barrister also felt that the opponent in front of him was more difficult than ever before.

He thought for a moment, stood up and responded: "President, the defendant's rebuttal has constituted an 'evasion from the general terms' and should not be applied."

[Escape from general terms]

[In laws, many abstract principles and clauses are often stipulated. For example, the Civil Code stipulates that the principle of good faith must be observed to carry out civil activities. Such legal principles are highly abstract and have almost no clear connotation, and are called general clauses. In

Under normal circumstances, general clauses cannot be directly quoted in the application of law. General clauses can only be applied when it is impossible to find a legal norm to rely on. Therefore, if general clauses are directly quoted, it will be called "escape from general clauses."

It should be denied in terms of legal application]

A circular response, just like Gu Meimen's response to the projection method just now.

At this point, after two and a half days of intense court proceedings, the two barristers, at least superficially, had exhausted their ammunition.

Behind the thrilling showdown is a high-intensity squeeze on willpower.

However, Lawyer Beiyuan and Lawyer Gu Meimen were still sitting in their seats, with calm expressions, which made people impressed by their strong mental power.

"Do both sides have any new arguments to add?" Judge Eda, who was sitting on the bench, asked. After receiving a "no" response, Judge Eda immediately knocked the gavel, "Takai v. Akagi Hotel Group, Tokugawa

In the case of Qizhi ruling out obstruction, the court debate phase has officially ended. Next Monday afternoon, all parties will make their final statements. The third court hearing is over!"

The gavel fell.

The court argument phase of the case is over.

The two sides ended in a draw.

At the last critical moment, Gu Meimen adopted the principle of "abuse of rights".

However, Kitahara also used the "projection method" to calculate the area of ​​infringed land.

Around a large hotel pillar occupying two square meters, from the court investigation stage to the court debate stage, the two barristers used their own methods to stage an unprecedented legal showdown. A seemingly simple land exclusion and nuisance case
Chapter completed!