Tokyo Barrister: Start the law firm bankruptcy

Chapter 175 The Last Struggle (Fourth)

The lights in the courtroom illuminate every corner of the courtroom.Outside the corridor, from time to time, some parties who have finished the court session passed by. When they passed by Court No. 607, they couldn't help but glanced in curiously.The sunlight in the corridor outside the trial court has changed from morning sun to afternoon sun.After nearly a full day of court sessions, both the plaintiff's lawyer and the defendant's lawyer felt a little tired, and so did the judge sitting on the trial bench.

A somewhat dull and slack atmosphere has gradually permeated the courtroom.

Hearing Judge Eda's order, although Machiko was tired, she had to grit her teeth and cheer up.This is the final stage of this lawsuit.On the issue of compensation, the legal provisions are precisely in their best interest.Because the current law only stipulates compensation for the direct damage caused to the real estate owner by passing through adjacent land, there is no provision for compensation for indirect damage.

In other words, there is no legal basis for Takai and the others' claim that Aobadai Apartment should find another training venue for training expenses.Thinking of this, Machiko stood up and said: "As for the compensation for the opening of the stadium. We are willing to compensate for the damage to the turf caused by the opening of the road. Accordingly, the plaintiff's agent submits a form "Soccer Field Turf Price List" and a copy. This table is based on the specific quotations sent by stadium turf manufacturers in Tokyo and surrounding areas, and sorts out the prices of different grades of turf.”

"According to the defendant's claim, their turf came from the Tokyo Olympic venue. Even if we take the highest-grade artificial grass and natural grass hybrid turf, the price per square meter is around 90725 yen. Since the defendant's turf has been used in the Tokyo Olympic venue For many years, the depreciation value should also be deducted accordingly. If the turf is replaced every 5 years, the value of the defendant’s turf should be discounted by at least 80%. That is, the actual compensation price should be 18145 yen.”

"Therefore, in summary, the plaintiff's attorney believes that our compensation is willing to multiply the price of 18145 yen per square meter by the actual damaged grass area. However, the premise must be that the defendant can also prove that the grass is indeed from the The relevant certificate of the Tokyo Olympic Stadium, otherwise our compensation price will be reduced to 3056 yen per square meter, and the compensation will only be based on the price of ordinary turf.”

After saying this, Machiko breathed a sigh of relief.

The main tasks of this trial have been completed.

It is impossible for the other party to make waves again.

Regarding the amount of compensation, the law has already made provisions, which is an unsolvable dilemma.

At this time, the dock on the other side.

Listening to Machiko's discussion, Miyakawa silently snapped his little finger in his heart, and counted.According to the price offered by the other party, and taking into account the approximate area occupied by the aisle, the final total compensation is expected to be less than 50.

Now the trial has come to the most unfavorable place for him.

However, even if it is unfavorable, bite the bullet and fight.

Miyagawa stood up holding a stack of documents in his hand, handed it to the clerk, and then looked at the trial seat, "Chief referee. The defendant's attorney believes that the scope of compensation for the other party should not be limited to the damage to the turf. Facts In fact, the field involved in the case has been used for the training of the Toyo Youth Goal Team. In the case that the field must be cleared to allow the residents of the Aobadai apartment to pass, the goal team players will not be able to train and must find another field.”

"Therefore, Aobatai Apartment should not only compensate for the value of the damaged turf, but also the cost of finding another site. To prove the defendant's claim, the defendant now submits a transcript to the court. This transcript is a mediation transcript. In April A few days ago, that is, Saturday. The court held a pre-trial mediation. The venue is located in the Aobadai apartment club, and the moderator is Kyoko Uchino, the judge’s assistant. Please pay attention to the sixth page of the mediation transcript.”

"On the sixth page, clearly stated the original words of the other party's agent, Dai Zhenzhizi, 'We are willing to pay the rental fee for finding another venue'. According to the relevant provisions of the "Civil Procedure Law", this statement should constitute a confession, belonging to the other party. The agent’s acknowledgment of the fact that he is unfavorable. In this regard, it should be deemed that the other party has agreed to pay the rental fee for finding another venue in this type of litigation. For the specific standard of how much fees should be paid, please refer to the end of the mediation transcript for the judge. It has been stated above After understanding our calculation method and amount, the total cost of finding another venue is about 3800 million yen."

"Ask the other party to pay the rental fee for another training venue as promised in the mediation!"

Hearing Miyagawa's words, Machiko suddenly opened her eyes wide.

Unexpectedly, the agent of the other party threw such a bomb at the last time, making himself jump.

Machiko immediately stood up and said loudly: "Objection! Chief referee. The statement made in the mediation record is not a confession at all. The so-called confession is an admission of unfavorable facts made during the litigation process. That is, The premise is the litigation process, not the mediation process. In mediation, it is very normal for both parties to make concessions to each other. If such concessions can be used as adverse evidence in court, no one will be involved in mediation in the future. Give in!"

"Taking a step back, we consider ourselves to be acknowledging the facts. We just stated that we are willing to pay the fee if the other party makes concessions. This statement does not contain any description of the factual state. Just now the defendant's agent is in Feel free to mix the concept of self-admission in the law of procedure!"

Machiko fired a series of words like cannonballs.

But seeing on the other side, Miyagawa ignored Machiko's rebuttal, just took a step forward, raised her head slightly, her eyes looked particularly moving under the light of the courtroom, her words seemed to be stained with a layer of magic , only heard her voice like singing and crying:
"The chief referee. The Toyo Youth Goalball Team, which is training in the field involved in the case, is a deaf-mute team, and the defendant Gao Jing is the team's coach. Recently, they are preparing for the World Gateball Championship with all their strength. They can fight on the stage of the World Series In fact, for these special groups of people, it has an extraordinary significance. If the stadium is forced to open, they will lose this training place."

"Now the gateball courts in Tokyo are saturated, and there is no room for the Toyo youth gateball team to train. They can only train on artificial plastic turf that is not up to standard, or they can only be forced to rent a venue that is too expensive and too expensive. A huge football field for training. The latter is too much of a burden on the financial situation of the team."

"The defendant's attorney requests the chief judge to take into account the special circumstances of the defendant in this case, and to consider the law, reason, and circumstances when making a judgment. Let the law be implemented with emotion and warmth!"

Miyagawa's speech echoed in the courtroom.

It's like the Satsuma lute played in the court.

A singer wears a veil, plays the pipa, and slowly sings a heart-warming song.

The singing lingered in the court, and the people who heard the piano couldn't help but look sideways and wipe their tears quietly.

Machiko's eyebrows were already twitching.Sure enough, the other party can't take advantage of the law, so they can only play the emotional card.In view of the fact that the volleyball team on the defendant Takai's side is indeed deaf-mute, Machiko is not sure whether Judge Eda will feel compassion, and her heart suddenly beats.

However, Judge Jiang Tian on the referee's seat fell silent, as if he was thinking about something, and after a while, he raised his head and said: "After today's trial, the facts have been ascertained, and the representatives of both sides have fully expressed their arguments. According to the Civil Procedure Law, cases that apply summary procedures should be judged in court. This court decided to pronounce the judgment after a 20-minute adjournment."

"Adjourn now!"

"Crack!"

The gavel hit the wooden seat.

The trial of the Aobadai Condominium Owners Committee v. Takai case has officially come to an end.

(PS: The remaining four updates should be at night)

(End of this chapter)