Tokyo Barrister: Start the law firm bankruptcy

Chapter 159 Fight!

The reading of the civil complaint was like igniting the fuse of a cannon, with a sudden bang, marking the official arrival of the confrontation between the two sides.At this time, at 10 o'clock in the morning, you can still see white-collar workers with hurried faces on the street because they are late, some housewives are sitting in the corner of the park, and some are sitting in the coffee shop by the side of the road. Taoism has a short distance, and the sky in Tokyo is cloudless, clear and pleasant.

However, on such a beautiful morning, a fight over the right of way in neighboring lands will begin.On the one hand, it seems to be a dispute over the right of way of the Aobadai apartment, but behind it is the ambitious land acquisition plan of the General Hotel, and on the other side is the deaf-mute goal team, the last training ground it relies on.

These two groups of people who were originally destined not to meet each other, at this time, because of a piece of land, their fates are intertwined with each other.

After hearing the indictment read out by Machiko, Judge Jiang Tian quickly flipped through the dossier on the trial bench, his eyes kept reading the text quickly, as if he was familiar with the content of the case, then he raised his head and said: "What is the defendant's answer? "

Machiko sat back in her seat, looked at the dock, and raised her pen.Although she looked serious on the outside, she didn't think that the other party could put forward a point of defense with much value in her heart.

Although the other party did not submit a statement of defense, it is estimated that there will be a defense raid.But the current subway construction has indeed blocked almost all the normal entrances and exits of the Aobadai apartment.It is very difficult to confirm that the Aobadai Apartment does not have the right of way in the adjacent land.

It is estimated that the opponent's defense will mainly focus on how many courts should be opened and how much compensation should be paid.

As for these two points, she had already made sufficient preparations, and Machiko looked at the dazzling array of materials on the table.Although the lawsuit is different from the negotiation that I am good at, if the focus of this lawsuit is on these two points, then the specific confrontation process is not much different from the negotiation, and this is the field that I am best at.

Miyagawa Saeko!
I was devastated at the mediation meeting last time, so I must get it all back in today's lawsuit!Machiko clenched her fist slightly.

Following the judge's instruction just now.

Miyagawa stood up from the dock, took a deep breath, and his expression became a little solemn.At this moment, the materials for Miyagawa's first defense were on the table.These materials are all the hard work of her continuous research day and night in the past few days.

It was the bullets she was going to shoot at the enemy next.

Since Huatian and the others are deaf-mute and unable to come to the court to speak, it is up to themselves to replace Huatian and the goal team players to make their voices.

Miyakawa raised his head, his eyes were firm, and he said unhurriedly: "The chief judge. According to the Civil Code, the owner of the right of way in adjacent land should be the owner of the land."

A somewhat unusual opening sentence was spoken.

In an instant, the court seemed to be filled with a breeze, causing ripples.

"The Civil Code clearly stipulates that 'when the land cannot be used for normal use due to the lack of proper connection with the road, the land owner may pass through the surrounding land and even the road, except for those caused by the arbitrary actions of the land owner'."

"This article clearly stipulates that the person who exercises the right of way in the adjacent land is the owner of the land."

"The land owned by defendant Gao Jing is land No. A58013, and the land of the adjacent Aoba Terrace apartment is land No. A58012. According to the provisions of the Civil Code, the real right of way to the defendant Gao Jing should be the land owner of No. A58012. Based on the information collected by the defendant’s agent, the owner of the Aoba Terrace apartment is not the owner of land No. A58012. Therefore, the owner’s committee is not qualified to claim the right of way.”

As Miyagawa's voice fell, it was like stones hitting the calm lake surface, and the ripples just now turned into waves.

The moment Judge Jiangtian heard this defense, he was stunned for a moment, then raised his head and asked, "Attorney for the defendant, what do you mean by 'the owner of the Qingyetai apartment is not the owner of the land A58012'? Are they not the land involved in the case? Owner? Please explain in detail."

The moment she heard this defense, Machiko raised her head abruptly, showing the same dumbfounded expression as the judge.The opening statement of the opponent's defense...seems...seems to be different from what I thought.

Miyakawa picked up a stack of papers from the table, walked to the middle of the courtroom, distributed them to the clerk, and Kyoko handed them to the chief judge and the plaintiff's lawyer.But I saw colorful fonts and patterns printed on those papers. On the left is a luxurious high-rise apartment standing majestically—from the appearance, it is obviously Aobadai Apartment, while on the right are some promotional materials of real estate.Among the densely packed text, there are eight big characters that are particularly eye-catching and dazzling: "Hold in trust, safe and worry-free."

Miyagawa raised his head and said, "Chief referee. The Aobadai apartment involved in the case is a well-known luxury high-rise apartment in Shinjuku District. The buyers of its real estate are mainly wealthy entrepreneurs. However, there is often a problem with the purchase of real estate by business owners. In commercial transactions, the boss often guarantees the operation of the company. Once the business is not well managed and turns from profit to loss, under the huge debt, the boss's personal property cannot escape the fate of being enforced."

"Therefore, in order to attract buyers, the original real estate developer of Aobatai Apartment put forward a slogan - to hold the real estate and land property rights of the apartment involved in the form of trust, instead of the owner directly holding the apartment building and land, so as to protect the owner asset security."

【Trust property】

[The so-called trust property refers to a special form of property established by the settlor handing over his property to the trustee, especially entrusted management.The biggest difference of this special property is that it is not covered by court enforcement measures.For example, you hand over 5000 million yuan to a trust management company to set up a trust.The 5000 million yuan becomes independent property.In the future, no matter whether the individual is insolvent or the trust management company is insolvent, the creditors of both parties will not be able to get a single cent of the trust property.The court’s enforcement of debts will not involve trust property]

Miyagawa pulled out the small whiteboard behind him, then magnetically pasted several sheets of A4 cardboard on it, turned around and said, "Chief referee, the transaction mode of the Aobadai apartment involved in the case is shown in the picture."

"The first step is that the owner pays money to buy the house and obtains the ownership of the property."

"In the second step, a special intermediary arranged by the real estate company will set up an exclusive trust company in the Cayman Islands."

"In the third step, the owner signs a trust agreement with the Cayman Islands, hands over the purchased real estate to the Cayman Company for management, and establishes a real estate trust"

"After the completion of the three steps, the real estate of Aoba Terrace Apartment will eventually become the trust property of the owner, rather than the property directly held by the owner." Miyakawa looked at the information in his hand, then looked up at the judge, "According to our information collection At present, Qingyetai Apartment is a trust property established by Qingye Lvzhi Real Estate Trust Management Co., Ltd., which belongs to the Cayman Islands.”

"Judge!" Ask the court to take into account the floating nature of trust property. "

【Floating property of trust property】

[The so-called floating property of the trust property means that its ownership neither belongs to the trustee nor the settlor, just like a floating ghost, but it is not unowned property.Since the ownership theory of trust property is different from that of traditional property law, it has been a major focus of debate in the legal field since its birth.]

Miyagawa raised his voice and said: "According to the floating nature of the trust property. The Aoba Terrace apartment involved in the case has become a trust property, and neither belongs to the settlor, that is, the property of the owner, nor does it belong to the trustee - Aoba located in the Cayman Islands. Lvzhi Real Estate Trust Company. According to the principle of trust, the owner of Aoba Terrace Apartment should not be identified as the owner of the land involved.”

"According to the Civil Code, only landowners can enjoy the right of way in neighboring land! The current owner of Aobadai Apartment has established a trust for the real estate under his name, and its ownership no longer exists. Accordingly, he no longer has the right of way to request neighboring land Qualifications."

Miyagawa took a step forward, "In summary, I request the court to dismiss all the other party's claims!"

(End of this chapter)