Tokyo Barrister: Start the law firm bankruptcy

Chapter 76 Beiyuan's Counterattack

The moment Imamishi finished speaking, the court seemed to be silent.

This kind of silence is like a battlefield that has just ended a fierce battle.Hundreds of cannons violently bombarded the opponent's position, destroying the opponent's vital force directly in the artillery fire.On the battlefield, the wailing of the enemy is no longer heard, only the dust in the air is shaken by shells, and the smell of blood from the enemy's corpse.

Imano raised the corner of his mouth slightly.Legally speaking, the inquiry conclusion of the road property right register is the most authoritative.This is more tenable than the classification in the city hall documents and financial statements.

Miyakawa sat on the trial seat, listening to his father's counterattack against Kitahara, his expression became serious.She already felt suffocated.The investigation conclusion of the Highway Bureau was like a sharp knife, piercing their hearts.

According to the documents presented by Imamishi just now, the real owner of the G227 section of the highway involved in the case is the Hachioji City Hall.

If this is the case, it will be difficult to argue about the establishment of a legal relationship between Terai and Kawamoto Expressway.

However, even if the real road owner is the Hachioji City Hall, that doesn't mean that she and Kitahara can sue the Hachioji City Hall in the future.

Because, to sue again, the court must be changed according to the location of the defendant.In other words, if you want to sue the Hachioji City Hall, you must go to the local court of Hachioji City to sue the Hachioji City Hall.

But the problem is that when the Shinjuku District Court rejected the lawsuit, it did not state in the ruling that the real owner of the G227 section of the highway involved in the case was the Hachioji City Hall.

That is to say, when the time comes to sue the Hachioji City Hall again, it is conceivable that the lawyers of the city hall will inevitably claim that the property rights of the road involved in the case have been transferred to the Kawamoto Expressway, and the result of the road property registration book is not true, and the package of responsibilities will be shifted to Kawamoto on high speed.Just now, Beiyuan found indirect evidence that the G227 section of the expressway involved in the case belonged to the Sichuan Expressway from the documents of the Road Industry Bureau and the report of the Sichuan Expressway.

Similarly, the City Hall can also find a large amount of similar evidence to prove that the G227 section of the expressway belongs to the Kawamoto Expressway.

At that time, the local court in Hachioji City is likely to dismiss the prosecution on the grounds that the real owner of the expressway in this case is Kawamoto Expressway.

If this happens, Terai's case will fall into a deadlock: the Shinjuku District Court believes that the owner of the road is the Hachioji City Hall, so it dismisses Terai's lawsuit against the Kawamoto Expressway; and the Hachioji City District Court again It is believed that the real owner of the road is Kawamoto Expressway, so Terai's lawsuit against the Hachioji City Hall was dismissed.

Thinking of this possible consequence, Miyagawa opened his mouth slightly.

His own father is pushing the case to an unsolvable loop.

It's just that an extremely vicious and insidious trick has appeared in the ordinary.

Miyagawa stopped flipping through the materials, and just sat there blankly, feeling a little desperate in her heart.This is the first time in her life that she has experienced the deep gap in strength with senior lawyers.Even if she is No.3 in the Law Faculty of Dongda University.In the face of decades of practical experience, the legal knowledge on campus is as fragile as a piece of paper, which can be easily torn by the opponent.

Miyakawa looked at Beiyuan's back in a daze, and his eyes blurred for a moment when he thought that this lawsuit might end up in such a desperate situation.

At this moment, Kitahara was still standing in front of the plaintiff's seat, with his back to Miyagawa.Miyagawa couldn't see the expression on Kitahara's face.

Imamishi's speech in the gallery was a little restless.Like the army after the victory of the war, eager to search for all kinds of enemy spoils on the battlefield, it has become impatient with the discipline of the commander.

However, the figure in front of the plaintiff's seat moved, as if nothing had happened.He didn't even turn around, as if he had a pair of eyes on the back of his head, with his back facing the plaintiff's seat, and pulled out a piece of paper from the case file on the table behind him.

The next moment, the voice of the young male lawyer sounded in the courtroom.

It's not over yet!

The counterattack has started again! ! !

Can this fight back? ! ? !

Like an impossible thing happened.It was already an unoccupied position just now, and in an instant, tens of thousands of soldiers poured out from nowhere, beating drums to attack.The fierce attack of hundreds of cannons just now not only caused no loss to the opponent, but also caused fierce revenge from the opponent.

Holding the materials in his hands, Beiyuan took a step forward, his eyes were unusually calm, and he faced Judge Kumagai on the trial bench: "I would like to draw the attention of the court that whether the contract is established or not has nothing to do with the status of property rights."

Simple words have the magic power to stir up strong winds and waves.

[Separation of contract and property rights]

[The property of separation between the contract and the real right means that whether the contract is established or not has nothing to do with the property right of the subject matter.For example, the establishment of a sales contract does not require the seller to have ownership of the goods.Even in the absence of perfect property rights, the contract can be established and come into force. 】

Beiyuan's voice continued: "For example, I want to sell [-] computers to customers. When selling, I don't need to have [-] computers in order to sign the sales contract. As long as both parties agree, the contract is effectively established. After the contract is established, I can start to purchase computers, assemble them, and sell them to customers.”

"Chief referee. If the contract is established, the parties must be required to own the property rights to the object of the contract. This is obviously impractical. In commercial practice, a large number of transactions are purchased after the contract is signed. If the parties are required to When the contract is signed, the object of the contract must have property rights, so how much does the enterprise in this world have to spend on warehousing?"

"The same is true for this case. In fact, whether the property rights involved in the case are owned by Kawamoto Expressway or the city hall does not prevent my party, Terai, from entering into a paid use contract with Kawamoto Expressway. The status of property rights and the validity of the contract are separate from each other. Yes. The defendant’s lawyer denied that Kawamoto Expressway and Terai had the intention to establish a paid use contract based on their internally entangled road property rights, which obviously violated the separation property of the validity of the contract and the property rights status! It is absurd! I would like to draw the attention of the court that the cause of action in this case is a contract dispute. The property rights of the subject matter are by no means the focus of the case!"

Imam's eyebrows twitched, and as soon as Beiyuan's voice fell, he immediately responded: "No, chief referee. The other party is just following the legal principles in the books. Indeed, in terms of legal principles, the establishment of a contract depends on denying the real rights of the object. Irrelevant. But the example just given by the plaintiff’s lawyer is obviously not applicable to this case. Indeed, after signing a contract for 30 computers, the seller can purchase 30 computers after signing. However, in the middle of the highway, is it Can you set up a paid road use contract before the company builds a highway?! The other party is obviously messing around."

"Hmm!" Kitahara coughed slightly, disrupting Imamishi's somewhat emotional speech.

"Chief referee, I have a piece of evidence at hand," Beiyuan said with a smile, "It can prove that the Kawamoto Expressway intends to establish a paid road use contract with the party concerned."

Bei Yuan handed a document in his hand to the judge on the trial bench.

That material is an invoice.

A special value-added tax invoice, the whole body is light blue.

In the buyer column of this special value-added tax invoice, there are three characters printed: Terai Teru.

And the seller's column at the bottom is printed with a company's name: Chuanben Expressway Co., Ltd.

In the column of services in the middle, the blue font reads: "Sales services - tolls."

"Chief referee, this is the value-added tax invoice issued by the plaintiff Terai to the management center of Kawamoto Expressway after I accepted Terai's commission." Beiyuan showed a stern smile on his face, "According to our country's tax law, pay value-added tax The target is the individual or unit that sells goods, services or leases out real estate."

"It's really strange. If the real owner of the G227 section of the expressway is the Hachioji City Hall, why would Kawamoto Expressway issue such invoices? According to the content of the invoice, Kawamoto Expressway clearly confirmed that it provided road traffic services to Terai, and based on its The income obtained from Terai is subject to value-added tax."

"Undoubtedly, judging from the issuance of the invoice, Kawamoto Expressway intends to provide road traffic services to Terai. According to the content of the invoice, the plaintiff Terai and Kawamoto Expressway have established a paid use contract! The fact of its establishment has been confirmed by the tax law authority , included in the scope of value-added tax collection. These facts cannot be refuted!"

Beiyuan's voice was decisive, as if he was overcoming thorns and thorns, letting him have the momentum of thousands of troops.

Just for a brief moment.

The trial, which was already on the verge of a cliff, was reversed again.

(End of this chapter)