Tokyo Barrister: Start the law firm bankruptcy

Chapter 236 The Last Bullet

"Chief judge." Gu Meimen immediately remedied, "Just now the plaintiff's agent claimed that the land area calculated according to the applicable projection method is a matter of fact, not a matter of law application, and should be raised during the court investigation stage, not in the courtroom." discussion at the debate stage."

As soon as the words fell, Beiyuan immediately countered: "What method should be used to calculate the area of ​​land occupied by infringement is a matter of law application. As for the actual area, the burden of proof should be borne by the defendant who refuted the plaintiff's claim. Although, just now The plaintiff’s agent proposed the land area obtained under the projection method, but it was not proof, but an explanation. The defendant should bear the burden of proof for the specific amount of the infringed land area. If proof cannot be provided, the adverse consequences will be borne by the defendant.

Gu Meimen's tightly locked brows were already as high as a small hill.

The lawyer with a 100% winning rate also suffered a disadvantage in this trial.

However, after all, she is an experienced barrister. After realizing that she had fallen into the other party's trap just now, Gu Meimen reacted again-the other party's civil complaint only recorded the demolition of the load-bearing column, but did not record the claim for compensation.As long as you firmly grasp the other party's request to remove the load-bearing column and refute it, you will be invincible.

At this moment, among the ammunition prepared by Gu Meimen, there was only the last bullet left.

The lawyer with a 100% winning rate took a step forward and said, "The chief judge. The civil law stipulates that the exercise of rights must not violate the public interest or have the main purpose of harming others, that is, the principle that rights must not be abused."

【Abuse of Rights】

[The so-called abuse of rights means that although the obligee is exercising his legitimate rights, the way of exercising the rights has caused great damage to the public interest or the interests of others.This is the abuse of rights.For example, residents have the right to store personal belongings in their own apartment.But if it stores explosives or other dangerous chemicals, it will constitute an abuse of rights.Although the house is private property, the storage of explosives or chemicals will cause great harm to the interests of neighbors]

Gu Meimen looked around the courtroom and continued: "The chief judge. To judge whether the rights exerciser complies with the principle of abuse of rights is to compare the benefits obtained by exercising the rights with the damage caused to others or the public interest. If the rights obtained by exercising If the benefit is very small, but the exercise of the right causes great damage to others or society, then it will constitute a situation of abuse of rights.”

"In this case, the plaintiff asked the defendant to demolish the house and return the land. Among them, the hotel occupies only 2 square meters of the plaintiff's land. Since the building beyond the boundary is just a load-bearing column, once it is demolished, the entire 76-story hotel will be completely destroyed. It took two years to rebuild the entire skyscraper, exhausting countless manpower and material resources, and the total cost was as high as 720 billion yen."

"However, even after the entire hotel is demolished, what is the use of returning the land to the plaintiff? According to the Statutory Vacant Land Law for Construction Sites, the two square meters of land belong to the land that the plaintiff must use as statutory vacant land. That is, Even if the defendant returns the two square meters of land to the plaintiff, the use of the plaintiff can only be used as a statutory vacant land. The benefits obtained by the plaintiff from requesting the return of the land are almost negligible."

"Chief referee." Gu Meimen stood in front of the judging seat and looked at the seven judges on the stage, "The plaintiff knew that the building components occupying the land involved in the case were load-bearing columns, so he still asked the hotel to remove the load-bearing columns. In addition The returned land can only be used as legal vacant land, and cannot be used for other purposes. To sum up, the plaintiff’s exercise of these rights is mainly for the purpose of harming others, which is in line with the abuse of rights. Accordingly, the court should reject the other party’s claim !"

Gu Meimen's last bullet was fired.

This ferocious bullet called "Abuse of Rights" hit the plaintiff's seat as if it made a sound of piercing through the air.

Some of the observers who were present at the scene still hadn't realized what "abuse of rights" was.However, at this moment, some professionals who understand the law have already frowned.In past disputes over house demolition and land return, some courts have indeed cited the principle of "abuse of rights" to deny the claim for land return.Now, in this case, the entire skyscraper needs to be demolished just because of the return of two square meters of land, so the possibility of applying the principle of "abuse of rights" has increased unprecedentedly.The plaintiff is really in danger.

Listening to Gu Meimen's defense of "abuse of rights", Beiyuan frowned slightly.This reborn barrister also felt that the opponent in front of him was unprecedentedly difficult.

After thinking for a while, he stood up and responded, "Chief referee, the defendant's rebuttal just now constitutes 'avoidance of the general clause' and should not be applied."

【Evasion to General Terms】

[In the law, many abstract principles and clauses are often stipulated.For example, the Civil Code stipulates that civil activities must abide by the principle of good faith.Such legal principles are highly abstract, with little clear connotation, and are known as general clauses.Under normal circumstances, the applicable law generally cannot directly refer to the General Terms.The General Terms and Conditions apply only if no legal basis can be found.Therefore, if the general clause is directly quoted, it will be called "evasion to the general clause" and should be denied in terms of legal application]

A circular response, just like Gu Meimen's response to the projection method just now.

At this time, after two and a half days of high-intensity court trials, the two barristers, at least on the surface, had exhausted their respective ammunition.

Behind the thrilling duel is a high-intensity squeeze on willpower.

However, lawyers Beiyuan and Gu Meimen were still sitting in their seats, with calm and breezy expressions, one could not be impressed by their powerful mental power.

"Do both sides have any new arguments to add?" Judge Jiang Tian, ​​who was sitting on the bench, asked.After getting a "no" response, Judge Eda immediately knocked on the gavel, "Takai v. Akagi Hotel Group, Tokugawa Keiji ruled out the nuisance case, and the court debate stage officially ended. Next Monday afternoon, all parties will make final statements. Three court hearings, over!"

The gavel fell.

The court debate phase of the case is over.

The two sides tied.

At the last critical moment, Gu Meimen moved out the principle of "abuse of rights".

However, Beiyuan also used the "projection method" to calculate the area of ​​the infringed land.

Surrounding a large hotel column occupying two square meters, from the court investigation stage to the court debate stage, the two barristers tried their best to stage an unprecedented legal confrontation.A seemingly simple land exclusion and nuisance case deduces the lawyer's coincidence to the extreme.The citizens who participated in almost the entire court hearing have been completely confused. They don't know where this case is going and where it will end up...

(End of this chapter)