Tokyo Barrister: Start the law firm bankruptcy

Chapter 206 Real Estate Ownership Certificate

As Gu Meimen stood up, the barrister's unique coercive aura immediately emanated from him, covering the audience, forming a strong sense of oppression, which made people feel a sense of fear feeling.

Gu Meimen looked relaxed, and said, "The defendant's agent first issued the following defense. We believe that the plaintiff Masahiko Takai has no right to file a lawsuit for the exclusion of nuisance in this case. Please pay attention to the real estate certificate submitted by the other party. The real estate certificate Generally, it consists of two parts, that is, the ownership of the above-ground buildings and the ownership of the land. In the column of the ownership of the above-ground buildings, the owner is Masahiko Takai. However, please pay attention to the name recorded in the column of land ownership. .”

Gu Meimen held a copy of the real estate title certificate and showed it in court.However, on the copy paper of the certificate of title, the name stated in the land ownership is a few large characters-Takai Yasuhiro.

The well-combed barrister waved a copy of the real estate title certificate and said, "Takai Yasuhiro is the plaintiff's father. After investigation, the plaintiff's father passed away last year. The inheritance process is still underway. In process. Judging from the historical records of the real estate holdings, the above-ground buildings and land ownership were previously owned by Gao Jing Yasuhiro. Later, the above-ground buildings were transferred to the plaintiff Gao Jing’s name before his death. The current land ownership is still registered with An Hong under the name of Takai, not under the name of Takai. The inheritance procedure of the real estate has not been completed yet.”

"As far as this case is concerned, the Jiangjun Hotel is suspected of overstepping the boundaries and encroaching on the land. However, judging from the real estate title certificate, the plaintiff Gao Jing has not yet become the owner of the land, and he only owns the ownership of the buildings on the ground. The inheritance procedures are still being processed Middle. The owner of the land should be the owner of the lawsuit for the exclusion of the nuisance. Accordingly, the plaintiff, Gao Jing, should wait for the inheritance procedures to be completed before filing a lawsuit in court.”

After Gu Meimen finished speaking, she bowed slightly, like a gentleman, and put away the steps she had just danced.

In an instant, the barrister once again posed a difficult question to the plaintiff.

The plaintiff Gao Jing's father, An Hong, lived in Xiyang and died there.Therefore, this involves cross-border inheritance matters.Previously, there had been incidents in Toyo regarding cross-border inheritance matters, where some heirs took advantage of the lack of communication between the two places to forge documents to defraud inheritance inheritance.

After this incident, the number of proof materials required for cross-border inheritance suddenly increased, and the approval procedures became extremely strict.In addition, there are many materials required for land transfer, and the superimposition of the two phases makes the procedure extremely cumbersome.Therefore, at present, on the title certificate No. A58233507, Gao Jing still only owns the ownership of the above-ground buildings.Land titles are still registered in his late father's name.

Considering the current difficulties in handling cross-border inheritance, if Gao Jing is really asked to go back and complete the inheritance procedures before filing a lawsuit, I am afraid it will be delayed for several years.

If there is only ownership of the buildings on the ground, but no ownership of the land, can an action for the exclusion of nuisance be filed?
Such a tricky question was put before the plaintiff's lawyer.

Almost all the audience in the gallery were deeply shocked by the lawyer Gu Meimen in the dock.From the introduction of the two third parties at the very beginning, to the present issue that the plaintiff only has the ownership of the buildings on the ground, but not the land ownership.How long can the two young lawyers on the opposite side, who seem to have only graduated from college for a few years, survive the barrister's attack?
Hearing what Gu Meimen said, Miyakawa couldn't help standing up immediately, her two eyebrows trembled slightly, as if she felt a little angry because of the excessive ability of the lawyer with a 100% winning rate to turn black and white.I saw this beautiful lawyer say:

"Even though the plaintiff, Gao Jing, is not the owner of the land, he, as the heir to his father's estate, certainly has the right to file related lawsuits. As the heir, he, as the general successor of the future estate, assumes the rights and obligations of the land No. A568013 involved in the case. The occupation of land No. A568013 will inevitably affect their civil rights."

"Let's take a step back. Even if you don't look at it from the perspective of the heir to the estate, my client Gao Jing, as the administrator of the estate, has the right to file a lawsuit. Gao Jing is the only son of his father, and his mother has passed away. He is not only the heir of the estate, but also the estate According to the provisions of the civil law, the estate administrator has the right to take measures to prevent the damage and loss of the inheritance. The pillars of the General Hotel now cross the boundary and occupy Gao Jing’s father’s estate. lawsuit."

Miyagawa stared slightly, took a step forward, and poured out her point of view like a series of cannonballs with a burst of strength.

Gu Meimen looked at the female lawyer who "overreached her own strength" and challenged her in front of her, and said with a slight smile, "Since you look at the problem from the perspective of inheritance, then the civil rights and interests violated in this case should be Gao Jing's inheritance rights. And The current cause of action is to exclude nuisance disputes. The civil rights and interests you are seeking to protect are property rights. Please apply to the court to change the cause of action, and then stand in court and argue with me."

【Cause of Civil Case】

[The so-called cause of action is a classification of civil litigation.For example, the cause of action for a land tort dispute is to exclude a nuisance dispute.Although legally speaking, the cause of action is only a classification of a case, but in practice, the cause of action of a civil case will have an enormous impact on the direction of litigation.The cause of action determines the nature of a case, determines the type of claims, and determines the direction and elements of proof.For example, if a person is injured because of a defect in a product purchased at a store.Then the cause of action can be a contract dispute or a tort dispute.Different types of causes of action will determine the next direction of the case]

Gu Meimen's words were like a feather stained with deadly poison.

It's just floating slowly in the air, but it can take the life of others in an instant.

The moment he heard the reason for amending the case, Miyagawa's face froze suddenly, and his whole body froze.Just now, she confidently thought that these words could refute the annoying lawyer in front of her.However, she didn't expect these words at all, which made her reveal a bigger flaw.

Yes, if it is demonstrated from the perspective of inheritance that the right of action is established, this case will become a case of infringement of inheritance rights, rather than a case of exclusion of nuisance disputes.

Then... then the whole case will start all over again.

Reminiscent of the difficulty of handling materials related to cross-border inheritance, the whole case is bound to fall into endless delays.All kinds of possible bad consequences flooded into Miyagawa's mind, and her face immediately turned pale.

After seeing the defendant's barrister complete his rebuttal to the plaintiff's female lawyer in an instant, many people in the courtroom were already amazed at Gu Meimen.Afterwards, the audience's eyes fell on the plaintiff's seat again, with a little sympathy, as if lamenting the huge difference in strength between the two sides.

Seeing his daughter frustrated, Imam frowned slightly.However, this fierce confrontation also made him gradually enter the trial.Imamishi stared at the figure of Kitahara with deep eyes, and became curious about how the wild boy who defeated him in the Kawamoto Expressway case would deal with this problem.

(End of this chapter)