Tokyo Barrister: Start the law firm bankruptcy

Chapter 225 Guerrilla War

I should be serious, Gu Meimen thought.However, as soon as this idea emerged, Gu Meimen suddenly felt something was wrong.Have you already said that before?After suddenly realizing this, the corner of the barrister's mouth couldn't help twitching slightly.Although Gu Meimen's heart is still hard-spoken, in fact, with the start of the Chimu Hotel group lawsuit, under the collision with the young lawyer, he has already taken Beiyuan seriously without knowing it.

After quickly adjusting her emotions, Gu Meimen regained her inner peace, and immediately responded: "What the other party said just now means subjective possession. When the defendant presented the evidence about the land boundary measurement before, the defendant had already clarified that the hotel mistrusted the surveying and mapping. The measurement conclusion issued by the brigade believes that the land involved in the case is owned by itself, and the construction has just started. Therefore, in the possession of the land involved in the case, the hotel is in possession of its subjective meaning. What the plaintiff’s attorney just said is not true.”

Hearing that Gu Meimen fought back again, Beiyuan did not immediately refute, he glanced sideways at the judges on the stage.

Right now, for the counterattack of obtaining the statute of limitations defense, one cannot just stick to one point and entangle.

You never know what the seven judges on the bench think.

If you just hold on to one point of offense, even if you beat Gu Meimen on one point, as long as the seven judges don't approve, then all your efforts will be in vain.

It is necessary to open up several fronts at the same time and launch attacks from multiple angles.

As long as there is a point of view among these angles, it is enough to impress the judges on the stage.

In the next second, Kitahara opened his mouth and said: "Chief judge, even if the land involved in the case can be subject to the statute of limitations, the land of the General Hotel is jointly owned by Akagi Hotel Group and Tokugawa Keiji. Can the joint owners acquire land, the issue remains unresolved.”

"What do you mean?" Kitahara paused for a moment to leave enough breathing space for the listeners to digest the complicated legal point of view before the dense ammunition attack
Afterwards, he said again: "The statute of limitations requires that the unauthorized occupant cannot realize that his land is owned by others. If he realizes that the land is owned by others, it will constitute an intention to infringe the right. In the case of multiple unauthorized occupants , this requirement is not met.”

"In other words, if the Akagi Hotel Group believes that the land involved in the case belongs to the hotel land, then it must realize that the land is owned by both the Akagi Hotel and Tokugawa Keiji. That is to say, the defendant will know The land involved is also owned by the second defendant. Similarly, the second defendant will also realize that the land involved is also owned by the first defendant.”

"Therefore, the co-owners of land will recognize that their land will always be owned by others. In this case, the subjective perception of land possession will necessarily include the perception that the land is owned by others. Accordingly, in common possession Under such circumstances, the subjective mentality of obtaining the time limitation cannot be satisfied.”

Bei Yuan's words fell, which greatly exceeded the expectations of everyone present.

Just when the listener thought that the plaintiff's lawyer would refute Gu Meimen sternly again, the plaintiff's lawyer seemed to disdain to entangle with Gu Meimen, and immediately opened up a new front.At this moment, the plaintiff's lawyer is like a guerrilla army ambushing deep in the mountains and forests, attacking everywhere, constantly wandering and harassing the other party.Even though the opponent is wearing excellent equipment and cannons, the cold guns fired from time to time in the depths of the jungle will take away the lives of enemy soldiers indiscriminately.

Imam Nishi, who was sitting in the gallery, already understood Kitahara's strategy.Gu Meimen's defense of statute of limitations is quite weighty.To reverse the judge's testimony in a short period of time, it is necessary to attack from all directions.Whether each of these points of view is untenable is another matter, but if you can put on an appearance of attacking from multiple angles, at least it will make the judges sitting on the stage think that Gu Meimen's statement is important. It's also problematic in a way.

Although this strategy is good, but...it requires too much thinking ability of people.

The defense of statute of limitations is a well-prepared defense of the defendant.

It is not easy to find multiple different angles to attack in a short period of time.

When Gu Meimen heard Bei Yuan's exposition, she couldn't help being slightly taken aback.He also didn't seem to expect that the young man in front of him would switch his attacking angle again, ignoring his rebuttal.Yes, my dignified and ancient beauty's words in the court, unexpectedly... was so uprightly ignored, this... this is simply the first time!
Gu Meimen immediately countered again: "The statute of limitations system will not be hindered by the existence of joint possession. As long as the actual occupant occupies the land with the intention of exercising superficial rights, it meets the requirements of the statute of limitations system. The plaintiff Lawyers are unnecessarily complicating matters."

"Then Lawyer Gu Meimen." Judge Jiang Tian on the trial bench narrowed his eyes slightly after hearing Bei Yuan's question, as if he was very interested.Judge Jiang Tian has always had a certain degree of paranoia about the geometric beauty of legal theories, and he has always paid great attention to any interpretation obstacles that hinder legal reasoning.

The chief judge went on to say, "Attorney Kitahara just raised a more important question. In possession without right, does the 'other' in the 'other's land' possessed include the co-owners of their own land. For example, A and B jointly own A real estate. Then, for B, can this real estate be counted as someone else’s land and possessed without right?”

The sudden questioning of the judge implied to some extent that the situation had quietly changed.

Gu Meimenrao is an experienced barrister, and her rhythm has not been disturbed at all. An ordinary person would probably be stunned on the spot.He immediately looked at the judge and replied: "Logically speaking, the rights of co-owners extend to the whole thing. Since A and B jointly own a real estate, then B's ownership also extends to the whole house, so it is not true that there is no right to possession. But Chief Judge, although the General Hotel in this case is jointly owned by Akagi Hotel Group and Keiji Tokugawa, the land it occupies is not within the jointly owned land, but outside the jointly owned land. Therefore, as long as it is actually occupied If the land does not belong to the common land, it can be established as possession without right.”

Gu Meimen did not choose to evade the question. He admitted that in Judge Jiang Tian's setting, B could not establish possession without right.This is tantamount to supporting Beiyuan's point of view in disguise, that is, Chimu Hotel Group cannot establish possession without rights and cannot apply the statute of limitations.However, he immediately pulled back again, making the judge pay attention to the fact that the actually occupied land does not belong to the common land, and instantly refuted Beiyuan's point of view invisibly.

He managed to answer the judge's questions positively and defend his own point of view.

In less than a few seconds, he had already made such a smooth response.

Looking at the scene in front of him, Beiyuan raised the corners of his mouth slightly.

The strategy of attacking from all sides seems to have achieved certain results.

The lawyer in front of me with a 100% winning rate must be exhausted...

(End of this chapter)