Tokyo Barrister: Start the law firm bankruptcy

Chapter 203 Confrontation
"Chief referee." Beiyuan said, "The provisions of the "Regulations on Seizing, Detaining, and Freezing Property in Civil Execution" quoted by the other party should be understood as empowering provisions. From the original text of the provisions, it empowers the applicant for enforcement. When the seized property is misappropriated by someone outside the case, it also has the right to sue the court for exclusion of nuisance. However, it cannot be inferred from this conversely that this clause deprives the owner of the property of the right to sue for exclusion of nuisance.”

"From the perspective of the legislative purpose of the judicial interpretation, it is to prevent the person subject to execution from taking the opportunity to transfer property or create a burden on property. For example, I owe 5000 million yen and am sued for debt repayment." Kitahara Smiling slightly, "I also have a property that was seized by the court. In order to prevent others from getting my property, I quietly mortgaged this property to others. In this case, my creditor is You can exercise the rights conferred by the above regulations to request the corresponding agency to write off the mortgage, or request to confirm that the mortgage is invalid. Although my creditor is not the owner of this property, he can still be like all the owners of this property. Like the others, it proposes to eliminate the hindrance.”

"Therefore, the purpose of the above-mentioned provisions is to prevent the person subject to enforcement from establishing encumbrances on the property. However, the situation in this case is fundamentally different. In the lawsuit concerning the right of way in the neighboring land, my client, Gao Jing, did not transfer the ownership of the land involved. , and did not set up encumbrances on the property. On the contrary, it was the General Hotel owned by Chimu Hotel Group that invaded the plaintiff’s land, and it was not Gao Jing, the party involved, who deliberately introduced outsiders to resist the execution of the judgment.”

"Therefore, the other party's agent has no basis for citing this article to deny the plaintiff's right to sue. It is wrongly interpreting the empowering norm as restricting the property owner's right to sue for the exclusion of nuisance, which is groundless in law!"

After the words fell, Machiko was already a little stunned, and the hand holding the paper became stiff.She didn't expect that the male lawyer in front of her would pour out such rebuttals like cannonballs in an instant.

And...and, she...she read it according to the court documents drafted by Gu Meimen.Also... that is to say, he actually refuted Gu Meimen's first blow.

Sitting in the auditorium, Shimada's hand covering his face was already trembling uncontrollably. After hearing the male lawyer's smooth refutation of the lawyer's first blow, the shaking of his hand slowed down a little. In his pocket, he took out a tissue and wiped the sweat from his forehead.

Machiko restrained his mind and said immediately: "The chief referee. The other party's agent ignored the legal effect of the seizure. The court involved in the case has been sealed up, and its land use rights are no longer complete and subject to legal restrictions. Therefore, the plaintiff has no right to file an exclusion nuisance suit."

Machiko believes that she must cling to the fact that the right to use the land involved in the case has been seized and restricted.As long as this point is bitten, the plaintiff's right to sue will definitely be denied by the court.

The lawyer named Beiyuan in front of him sneered, as if he had figured out what the lawyer Dai in front of him was thinking, only to hear him say again, "Even if we admit that the right to use the land involved has been seized and restricted , the plaintiff’s right to sue will still not be affected.”

"Because, even if there are seizure restrictions, we still need to distinguish whether the entire land use rights are subject to seizure restrictions, or only part of the land use rights are restricted."

In an instant, Bei Yuan's words tore a corner of the female lawyer's rebuttal just now.

Machiko's eyebrows trembled slightly, as if she didn't expect that the other party would directly use her own arguments instead.

Kitahara continued, "In the dispute over the right of way between Gaojing and Aobadai Apartments, the area of ​​land that Gaojing needs to relinquish only needs to meet the access needs of Aobadai Apartments. The seizure restricts land use rights , should be consistent with the land area that Gao Jing needs to actually give up. Therefore, even if the land involved in the case is affected by the seizure restriction, it cannot be considered that the right to use the entire land is restricted.”

"The range where the columns of the General Hotel invaded the land of Gaojing did not fall within the range of the passage opened for the Aobadai apartment. The land outside the range of the passage cannot be considered to be subject to seizure restrictions. Based on this, even if the other party's argument is true, The plaintiff Gao Jing should also have the right to sue. The seizure of Gao Jing’s land involved in the case should be limited to the scope opened for the Qingyetai apartment.”

Machiko felt overwhelming pressure from the lawyer opposite, but at this moment she still bit her lip tightly, thinking about coping strategies in her mind.She didn't believe that she would lose to this idle lawyer.

After being silent for nearly a minute, Machiko suddenly had a flash of inspiration, as if he had caught a loophole in Beiyuan's words, and immediately turned his head to look at the trial seat, "Chief referee, the scope of seizure of the land involved in the case should be registered as real estate The scope recorded in the book shall prevail. The registration book of real estate No. A1 does not clearly record the scope of the seizure. In this case, it should be considered that the entire land has been sealed. The other party claims that the land is only partially sealed, and should have The clear basis is either the court’s seizure ruling, or the record status of the real estate register. In the absence of a clear basis, it should be considered that all the real estate under Gao Jing’s name has been seized.”

After finishing speaking, Machiko breathed a sigh of relief.

She never expected to be forced to this point by lawyer Beiyuan.

This soft rice male lawyer, unexpectedly... seems to be a little level.

However, when she looked up at the male lawyer in front of her again, her body trembled again.

Beiyuan still had a faint smile on her face, looking at her with interest, his eyes seemed to be staring at a sweet prey who walked into the trap without knowing it.

Machiko's angelic face couldn't help but freeze at this moment, showing a slight loss of composure.I... haven't I already finished the rebuttal from the lawyer opposite me?Difficult...Could it be that I said something wrong?
The next moment, Bei Yuan turned his head to the clerk in the middle of the court and said, "The clerk, please record all the words of lawyer Dai Dai just now in the court trial transcript. According to the relevant provisions of the Civil Procedure Law, the amount of seized property should be equal to The actual amount of creditor's rights is equal, and if the property is seized in excess of the amount, it shall bear the liability for damages."

"Just now the agent of the Aobadai Apartment Owners Committee admitted that it seized the entire land in Takai. The scope of the seizure has exceeded the actual land area required for the Aobadai apartment travel. Based on this, the Aobadai Apartment Owners Committee , should bear the liability for damages. If the Aobadai Apartment Owners Committee seized the land excessively, resulting in the plaintiff’s inability to exercise the right of action, it shall be liable for damages for all the economic losses suffered by my client, Gao Jing, due to the inability to exercise the right of action!”

(End of this chapter)