Tokyo Barrister: Start the law firm bankruptcy

Chapter 211 Evidence of Gumeimen
In the courtroom, a small projector casts a beam of light onto a whiteboard next to the dock.But I saw the scanned copies of five land boundary survey maps displayed on it.These geodetic maps looked old, the paper was yellowed and seemed to crumble to pieces at the slightest touch.The title of the drawing is impressively printed with "No. A68200508" real estate boundary reconstruction map. The real estate No. A68200508 is the real estate certificate of the Grand General Hotel.

"Chief referee. Before I specifically explain the evidence on display, please let me introduce the history of the so-called pillars of the General Hotel involved in the case that were accused of occupying Gaojing's land." Gu Meimen smiled slightly.

"The court-style pillars of the General Hotel involved in the case were built 23 years ago. Once built at that time, it became a popular landmark building in Shinjuku. Two years ago, the General Hotel began to be demolished for protection and was to be rebuilt into a super high-rise new luxury hotel. At the beginning of the construction, the position of the columns of General Hotel was clearly marked, and a total of 37 large columns were removed. After the foundation of the high-rise building was excavated, the hotel used new columns of the same style as the original for support, including size and volume , style, are the same as the original. In order to achieve this, although the appearance of the column is the same as that of the old column, the new concrete technology is used inside, which has great hardness and density, which can be called a miracle of engineering. column."

"Why do I mention this period of history." Gu Meimen said with a smile, "The original intention is to make the court notice that although the General Hotel was demolished and rebuilt two years ago, the position, perimeter and area of ​​its large columns , have not changed."

"Therefore, in order to find out why the large pillars of the hotel were built on the land of the plaintiff Gao Jing, it is necessary to go back at least 23 years ago to the fact that the General Hotel originally built the palace pillars. Only by finding out what happened 23 years ago Only then can we understand why the General Hotel built its pillars on other people's land."

"23 years ago, why did the General Hotel build the big pillars on other people's land? The answer lies in the land boundary reconstruction maps shown by my projector." The corners of Gu Meimen's mouth curled up slightly, " Please pay attention to the chief referee. The land where the Jiangjun Hotel is located has undergone 5 land rezonings."

"The chief referee, please pay attention to the second land boundary restoration map." Gu Meimen walked to the side of the whiteboard, raised her finger to the projected land boundary restoration map numbered T628307, "At that time, the hotel was about to build a palace-style hotel. Large columns. At that time, due to the technical limitations of the era, the project volume was quite large, so the Construction Bureau required the General Hotel to re-examine the site boundary to ensure that the project did not exceed the boundaries of its neighbors before granting the construction permit. "

"In this regard, the General Hotel applied to the Shinjuku City Land Registry Office for land boundary restoration. 23 years ago, that is, in the 32nd year of the Yuan Dynasty. The Shinjuku City Land Registry Office sent a land boundary surveying and mapping team to the project site at the request of the hotel. Carry out land boundary re-survey, and investigate whether the positions of the 37 large pillars proposed to be built by the General Hotel are within the real estate boundary of the hotel owner."

The shimmering light emitted by the projector condensed on the screen, and the upper part of the yellowed land boundary re-survey map first contained basic table information, which included the number of real estate rights of the measured land, the owner, the date of re-survey, and the date of re-survey. Zhang's institution, etc.

Further down is the specific style and shape of the land boundary.

There are 37 red dots on the boundary map, and in the remarks next to it, the technicians of the surveying and mapping brigade marked that these 37 red dots are the places where the large pillars of the hotel are to be built.

These 37 red dots are all accurately located on the right side of the middle boundary.

None of the red dots fell on the left side of the land boundary, that is, Gao Jing's land.

Looking down, in the column of re-survey results at the end of the boundary map, there is written the re-examination conclusion of the boundary surveying and mapping brigade of the Shinjuku Land Registry Office.

The cold Chinese characters formed a paragraph of text that had a great impact on the case.

The conclusion of the Land Boundary Surveying and Mapping Brigade reads:
"After the re-survey of the land boundary, the land boundary between the general hotel land and the adjacent land has been re-mapped. After the on-site measurement, the columns of the general hotel do not exceed the adjacent land boundary, and the construction can be reported to the construction bureau for approval."

"The person who made the conclusion: Tomoyo Ochi, captain of the Land Boundary Surveying and Mapping Brigade, on May 32, 5."

Gu Meimen pressed the remote control in her hand, and a laser beam hit the whiteboard and swept across the second line of the conclusion of the boundary review.The barrister smiled evilly, "Please pay attention to this sentence in the conclusion of the restoration of the land boundary."

[Without crossing the border of neighbors, you can report to the Construction and Construction Bureau for approval and construction]

As the laser beam of the remote control swept over, the audience in the auditorium couldn't help but widen their eyes.Even though the red dots formed by the condensed laser beams were a bit dazzling, everyone couldn't help but want to see this original document with their own eyes.

"From this map of land boundaries, you can see why the Jiangjun Hotel built the big pillars on other people's land more than 20 years ago." Gu Meimen walked to the middle of the court, as if on the square As if giving a speech to a crowded crowd, his tone became impassioned in an instant.The ups and downs of the voice captured the attention of almost everyone present, only to hear him say in the next second:
"The main reason why the pillars of the Shogun Hotel were built on other people's land is that the Akagi Hotel Group, my client, relied on the measurement results of the Surveying and Mapping Brigade of the Shinjuku Land Registration Office at that time. In fact, the measurement results are wrong from today's point of view. It mistakenly included the plaintiff's two square meters of land into the defendant's land boundary. As a result, my party did not realize that a column during construction would invade other people's land. The defendant carried out the construction based on the measurement results of the administrative agency. There is neither intentional infringement nor negligence, and the obligation to re-examine land boundaries has been fulfilled."

"And one of the elements for the establishment of a tort must be that the perpetrator has intentional or negligent subjective mentality. After obtaining the re-measurement map of the land involved in the case, we found that the party involved relied on the wrong measurement results of the land registration , and construction was carried out."

"However, in the face of the authoritative boundary measurement results issued by the administrative agency, it is completely reasonable for my client to trust it. Therefore, the defendant neither has the subjective intention of encroaching on the land, nor has the negligent mentality of lack of caution, and there is no evidence that the tort is established. Subjective elements. In summary, although my client has a building that fell on the plaintiff Gaojing’s land, it does not constitute an infringement of the plaintiff Gaojing’s right!”

After some impassioned speeches, Gu Meimen sneered slightly, and quickly returned to a calm posture, "Therefore, all of this is just an accident."

【accident】

[The so-called accident in law means that although the behavior of the actor has caused damage objectively, it is neither intentional nor negligent, but caused by unforeseen reasons, that is, an accident .Accidents are one of the legal exemptions]

"According to this, my client should enjoy the exemptions stipulated in the law. The court should reject the plaintiff Gao Jing's request for exclusion of nuisance. The plaintiff can sue the Land Registry Office separately for the hotel building's intrusion into the land due to the misjudgment of the land boundary. Demand compensation!"

Gu Meimen's voice echoed in the court.

The barrister was eloquent, and he presented his rhetoric in front of everyone.

However, the strong legal basis cannot make people ignore the existence of this rhetoric.

The building is built on other people's land, but it does not constitute infringement.

Such an unimaginable situation was demonstrated by Gu Meimen, and there was no way to refute it for a while.Yes, if the building that invaded the other party's land was built relying on the land boundary map made by the land registration, then what is wrong with the hotel side?

While the barrister was talking and laughing happily, a sharp sword gleaming with cold light had been drawn out and stabbed at the throat of the attorney representing him.The light of the sword, the shadow of the sword, and the sound of the war.The first wave of the barrister's terrifying counterattack came.

(End of this chapter)