Tokyo Barrister: Start the law firm bankruptcy

Chapter 172 Miyagawa's Counterattack (Today's 8 Updates)
"On the issue of whether the Aobatai apartment has the right of way to the adjacent land, both parties have already expressed sufficient opinions." Judge Jiang Tian looked at the two agents in front of him and said, "Now, we turn to the next issue that is the focus of dispute. If, we It means 'if'. If Aobadai Apartment is confirmed to have the right of way to the adjacent land of the green stadium, then how much the stadium should be open, and how much compensation should be paid, please ask the agents of both parties to provide evidence around this point , cross-examination opinions, and debate opinions.”

The moment he heard what the judge said, Miyakawa's crescent eyebrows frowned slightly, and a sense of foreboding suddenly surged in his heart.Does this question itself already represent the inner tendency of the judge itself?

If the judge itself tends to hold that the Aobadai apartment does not have the right of way of adjacent land, then the value of discussing this issue is not very meaningful.

At this time, Judge Jiang Tian indicated that he and Lawyer Dai opposite him were still going to speak in detail on this issue. Does it mean that the judge himself has been persuaded by the other party?
Miyakawa suddenly became a little uneasy.

However, it is useless to think about it any more. Even if the judge decides that the apartment has the right of way in the adjacent land, as long as he can win a high enough compensation, it can also achieve the effect of protecting the interests of the parties.

Listening to the judge's question, Machiko cheered up a little. She was well prepared in terms of the opening range of the court and the amount of compensation. She was confident that she would definitely be able to win the opponent.

That angelic face, because of the added confidence, made it even more radiant and charming.

Standing behind the plaintiff's seat, Machiko flipped through the evidence booklet on the table, looked up and said, "Chief referee. The plaintiff's attorney believes that the scope of the site that the defendant should open is at least equivalent to a standard sidewalk and motorway. The width of the sidewalk should be no less than 0.75" meters, and the motorway should not be less than the width of a single vehicle plus 0.3 meters.”

"In this regard, the plaintiff's attorney presented the third set of evidence to prove the necessity of opening a motor vehicle lane."

"The first evidence is the "Aoba Terrace Apartment Property and Facilities Maintenance Form". This form shows the current daily maintenance items of Aoba Terrace Apartment. At present, there are about [-] items of daily maintenance items. The involved Some repair and maintenance projects require the assistance of small vehicles. For example, the transportation of the underground garbage station of Aobatai Apartment requires garbage trucks for transportation. At present, the garbage is manually dragged out of the apartment, and the labor cost is too high. Another example is the rockery mountain The replacement of the fountain and the repair and maintenance of the fountain all require small forklifts and water storage tank trucks to enter the site to assist."

"The second piece of evidence is the "Pest Pest Inspection Result" issued by the Environmental Sanitation Bureau in May of this year at Aoba Terrace Apartment. The inspection document mentioned that some of the property facilities in Aoba Terrace Apartment were not maintained and updated in time, and some of them were sprayed. The accumulated water in the pool was not cleaned and replaced in time, and the weeds were not eradicated in time. A large number of insect eggs have been found, which may lead to the occurrence of insect pests. The inspection result also shows that for the purpose of pest control in the apartment involved, there are also small vehicles entering the site The necessity of maintaining some property facilities.”

"The third piece of evidence is the vehicle width measurement results of small vehicles in the property. This evidence shows that in order to complete the repair and maintenance of related property facilities, more than ten kinds of small vehicles need to enter the site. The average vehicle width of these vehicles is 1.91 meters, which has exceeded the general width of the sidewalk. Therefore, it is necessary to set up a special motor vehicle lane for these vehicles to pass."

"The fourth evidence is the "Underground Garage Registration Form" and the photos of the entrance and exit of the garage." Machiko continued, "The relevant garage registration form shows that there are currently 1231 cars in the underground garage of Aobadai Apartment. The photos of the entrance and exit of the garage show that The driveway leading to the outside world is also blocked by the subway construction. According to this, in order for the more than 1000 residents’ cars in the basement of the apartment to be used normally, the stadium should also open the passage.”

Machiko methodically presented evidence that the stadium needs to open lanes, "In summary. The referee can see that whether it is for the maintenance of the facilities of the Aobadai apartment involved in the case or for the use of vehicles in the underground garage of the residents, the stadium is needed. Open the corresponding motorway to pass, and the plaintiff’s request includes a motorway, which is by no means a big opening, but based on the operation of the apartment’s facilities and the actual needs of residents’ vehicles to enter and exit.”

In an instant, Machiko had thrown out a total of four pieces of evidence to justify the open lane.

These four pieces of evidence are interconnected and connected with each other, with strict logic.

People have to believe.

Miyagawa sat opposite, listening carefully to the evidence presented by Machiko, the notebook was already filled with Machiko's opinions on proof.

Among them, some opinions had already appeared at the mediation meeting.Although she said it again in court today, Miyagawa was also prepared accordingly, and she was also confident in refuting Machiko's claims.

"Chief referee, there is no correlation between the maintenance of property facilities and the opening of motor vehicle lanes." Miyakawa stood up and looked up and said, "For this argument, please refer to the Supreme Court's 56th Minzi No. 1023 Judgment This case is a precedent for the Supreme Court regarding the right of way in adjacent land. In this precedent, the Supreme Court held that the purpose of the right of way in adjacent land is to meet the needs of passage, rather than to maximize the interests of land operations. That is, it cannot be used for The perfect use of a certain land, and the requirement of access to neighboring lands."

"According to this view of the Supreme Court, the open area of ​​the stadium should also be limited to the passing needs of the Aoba Terrace apartment. Some maintenance projects mentioned by the plaintiff's attorney just now, such as the replacement of the rockery and the maintenance of the fountain, It has nothing to do with the actual needs of residents. Whether these projects and facilities are in operation will not have a major impact on the lives of residents. Whether these facilities can be used is the successful use of Aobadai Apartments, not the necessary use. Therefore , according to the precedent of the Supreme Court, there is no legal basis for requesting the opening of roads to small vehicles for the maintenance of property projects! Unless the plaintiff’s agent proves that there is a necessary connection between the property project mentioned just now and residents’ traffic!”

Miyagawa then pointed to the second piece of evidence that Machiko just presented, the copy of the "Pest Pest Inspection Result", and said: "The so-called pest control form has nothing to do with the scope of open motorways. The defendant's agent is misinterpreting the "Pest Pest Inspection The conclusion of the Inspection Result Book. Although the inspection book stated that the occurrence of worm eggs was caused by the outage of some property facilities. However, to solve the problem of worm eggs, it is not necessary to solve the problem of worm eggs by re-running the relevant property facilities, and it can be solved by using medication Water kills the solution."

"The plaintiff's agent just deliberately confused the difference between the cause of the pest and the solution to the pest, ignored the existence of other solutions, and failed to provide sufficient evidence on the necessity of opening motor vehicle lanes to control the pest. It should be deemed that there is no proof."

In an instant, Miyagawa dismantled the connection between the first two pieces of evidence and the opening of motorway lanes.Miyagawa seemed not enough, his pretty face trembled coldly, he took a step forward and said:
"Chief referee. Regarding the issue of residents' vehicles in the underground garage. In fact, there are many large shopping malls and hotels around the Aobadai apartment, and there are also large underground parking lots under these buildings. We are willing to open the stadium, for example, for a week. It is for the residents of the community to drive out the vehicles in the underground garage. After driving out, residents can choose to park in the underground garages of the surrounding large shopping malls instead of continuing to park in the Aoba Terrace apartment.”

"Therefore, regarding the issue of the opening of motor vehicle lanes, we believe that it is only for the satisfactory use of apartment facilities and does not fall within the scope of exercising the right of way in adjacent land. As for the issue of residents' vehicles in the garage involved in the case, the defendant Gao Jing can agree to open the stadium for a week Allow the vehicles in the garage to drive out, rather than open continuously for a long time."

"According to this, the other party's claim to open motor vehicle lanes has not provided sufficient evidence and has insufficient legal basis, so it should be denied!"

Miyagawa's voice echoed powerfully in the courtroom.

(End of this chapter)