Tokyo Barrister: Start the law firm bankruptcy
Chapter 177 Sentencing
Chapter 177 Sentencing (Sixth)
5:30pm.
At this time, the corridor outside the trial court was already in the setting sun.
Miyagawa was sitting on the dock, feeling extremely nervous inside. The blood on that beautiful face had faded a lot, and he was holding the black ballpoint pen tightly with both hands.This is the first case she handles independently, and she doesn't want to disappoint her client.In Miyagawa's mind, the scenes of the goalkeepers training on the green grass, as well as the experience of the flower fields, kept appearing in Miyagawa's mind.
Miyagawa wants to protect the flower field's dream.
These people have finally found a place to live, and I must protect it.
But the more he thought about it, the greater the pressure in Miyagawa's heart.If they lost, without this croquet field, with their current financial resources, they would not be able to find a suitable field for training.They finally won the opportunity to participate in the World Championships, but they could not fight hard for it.
As if being pressed by a huge rock in his heart, Miyagawa even felt a little difficult to breathe at this moment.
At this time, Beiyuan was watching Miyagawa from the side, and did not intervene.After all, every lawyer will always go through this experience, and it doesn't hurt to let her experience this roller coaster of emotions.
Suddenly, the light on the secret door on the left side of the courtroom turned from red to bright, and the judge's assistant, Kyoko, stepped into the trial court first.Kyoko sorted out the information on the clerk's desk, confirmed that the computer was in good working condition, then looked at the plaintiff's lawyers in the courtroom, and raised her voice, "The chief referee is about to enter the seat to pronounce the verdict. Please stand up."
The voice fell.
The four lawyers in the court stood up one after another.Gu Meimen fastened the first button of her suit lazily.Machiko maintained an upright posture.Beiyuan's standing posture was a little crooked.
Miyakawa also stood up, and when she heard the clerk's voice, her heart couldn't help beating violently again.His throat, which had obviously been drinking mineral water, became thirsty at this moment.The time passing around seemed to be frozen, passing at a thousand times slower speed.The surrounding scene gradually became a little blurred.
next second.
Judge Jiang Tian appeared at the secret door, and he stepped into the trial seat.The black robe fluttered lightly, and his youthful face on the towering trial platform also looked quite majestic at this moment.
Seeing Judge Eda, Machiko immediately took a step forward, took out an A4 paper, and handed it to the judge, "Chief judge. Before making a judgment, I would like to submit an application for pre-execution. Considering that the Aobadai apartment is indeed in traffic now." Regardless of whether the judge agrees that Qingyetai Apartment has the right of way in the adjacent land, it requests to execute the plaintiff’s claim first. Qingyetai Apartment is willing to provide a certain amount of guarantee for the early execution.”
【Pre-execution】
[The so-called pre-execution means that in some special cases or emergency situations, before the court makes a judgment, the court is allowed to execute the scope of the party’s claims, transfer the other party’s property or stop or eliminate certain types of hindrances.Generally speaking, enforcement often needs to wait until the judgment becomes effective before proceeding.And advance execution is such an exception]
Hearing Machiko's request for execution first, Miyagawa's eyes widened a little, and he immediately took a step forward, "Chief referee, the judgment is about to be made. After the first-instance judgment is made, an appeal should be made, and the case should be transferred to the Tokyo High Court. The other party's application for advance enforcement should be submitted to the Tokyo High Court instead of submitting the application to the Shinjuku District District Court now."
Before the sentencing, the two female lawyers fought again.
Judge Eda accepted Machiko's application for pre-execution blankly.
"Chief referee!" Miyagawa stepped forward, opened his mouth, and wanted to speak again.At this moment, Miyagawa thought that the judge's action of accepting the other party's application for pre-execution was very bad.This has almost expressed the judge's opinion that the other party should exercise the right of way in adjacent land.Otherwise, the judge would not grant the request for pre-execution at all.
"Crack!"
The gavel sounded.
Miyagawa's complexion tightened again, but the sentence had already begun, and she could no longer speak at this time.The green fingers trembled slightly, and this beautiful figure stood in front of the judgment seat in a daze.
Judge Eda held a piece of paper in his hand and read out: "Shinjuku District Court, First Instance Civil Judgment No. Jingxin [65] 0925. Plaintiff: Aobadai Apartment Owners Committee. Plaintiff's attorney: Gu Meimen Law Firm Lawyer Gu Meimen Kensuke, and lawyer Dai Zhenzhi from Gu Meimen Law Firm."
"Defendant: Masahiko Takai. Defendant's attorneys: Yoshiichi Kitahara, lawyer at Eto Law Firm, and Saeko Miyagawa, trainee lawyer at Eto Law Firm."
"The case concerning the dispute over the right of way of the plaintiff Aobadai Apartment Owners Committee and the defendant Takai Masahiko on the neighboring land, this court filed the case on October 10, and the summary procedure was applied according to law. On November 5, the court held a pre-trial mediation meeting. November 11 A public hearing was held on the 21st.
"The attorneys for the plaintiff, Yoshiichi Kitahara and Saeko Miyagawa, attended the lawsuit, and the attorneys for the defendant, Kensuke Kumimon and Machiko Dai, attended the lawsuit."
"The trial of this case has now been concluded. The facts ascertained after the trial are as follows. The plaintiff, the owner of Aoba Terrace Apartment, holds a super high-rise residential building located on land No. A58012 in Shinjuku District, Tokyo in the form of trust. No. A58012330. The defendant, Masahiko Takai, owns a stadium under the name of Masahiko Takai, which is located on land No. A58012950 in Shinjuku District, Tokyo. The entrances and exits on the side and east side. According to the investigation, there is an underground path leading to the outside world on the basement floor of Aobadai Apartment, but the road condition is bad.”
"This court believes that in the state of road isolation, the law stipulates that the land owner may exercise the right of way in the adjacent land. Although the law does not stipulate whether the land use right holders can exercise the right of way in the adjacent land, based on the legislative purpose of the right of way in the adjacent land , the actual user of the land may also request the neighboring land to pass. Now that the Aobadai apartment in this case is actually facing a state of road isolation, the apartment owner, as the owner of the right to use, may also request the neighboring land to pass.”
"This court approves both the plaintiff's first and second claims. Considering that the venue of this case is a professional training venue. Although the law stipulates that the right of way of adjacent land can only compensate for direct losses, based on the principle of fairness, this court has discretion The defendant shall be compensated 200 million yen for renting another venue.”
"The sentence in this case is now pronounced as follows."
"Defendant Gao Jing needs to open the stadium to the owners of Aoba Terrace apartment. The opening area is a sidewalk and a motorway. The width of the sidewalk should be no less than 0.75 meters, and the width of the motorway should be no less than 0.3 meters for bicycles."
"The plaintiff, Aobadai Apartment Owners Committee, needs to pay the defendant Gaojing Grassland compensation for the loss. The amount of loss is 90725 yen per square meter multiplied by the actual area of the court."
"The Plaintiff Aobadai Apartment Owners Committee shall pay the defendant a site rental fee of 200 million yen within ten days after this judgment takes effect. If the plaintiff fails to fulfill its obligation to pay money within the period specified in this judgment, it shall be subject to the "Civil Procedure Law" Article 236, payment of interest on delayed performance of debts.”
"The case acceptance fee shall be borne by the plaintiff."
"If you are not satisfied with this judgment, you can submit an appeal letter to this court within 15 days from the date of service of this judgment, and provide copies according to the number of parties involved, and appeal to the Tokyo High Court."
"Magistrate: Eda Qingyan."
"At the same time, this court agrees to the plaintiff's application for pre-execution. This court will appoint personnel from the Land Surveying and Mapping Institute to survey the adjacent land boundaries around the plaintiff and defendant's land, and determine the entrance and exit positions of the open passage."
"The verdict is over."
Every word from the judgment seat hit Miyagawa's eardrums.Judge Eda granted all of the plaintiff's requests and also granted the request for pre-execution.However, the amount of compensation the judge agreed to was only 200 million yen.According to my previous calculations, the amount of compensation must reach 1200 million yen to fully cover Gao Jing's venue rental costs.But now, the court has only awarded 200 million yuan in compensation, which is only one-sixth of the target amount and less than one-tenth of the 3800 million yuan it claimed.
No matter how much he encouraged himself before, Miyagawa still couldn't accept the moment he heard the verdict.
Own……
I lost myself...
I failed to protect the training ground of Huatian...
In an instant, the emotion of self-blame flooded Miyagawa, as if throwing her into the endless depths of the sea.
The judge on the trial bench has left, and Machiko and Gu Meimen in the plaintiff's seat have also packed up and left the court.Machiko glanced back at the figure standing blankly in the courtroom, sighed slightly, and continued to walk away.In Court No. 607, only Miyagawa and Beiyuan were left.
On Wednesday afternoon, the two men on this side of the dock had their own difficulties.Miyagawa, who was handling the case independently for the first time, suffered a failure in the right-of-way lawsuit in the neighboring land, while Kitahara was directly blocked by the people of Mizuho Bank on the main road, and the amount of debt repayment at the end of the month surged from 5000 million yen to about 7300 million. Yen.
However, fate often likes to play tricks on people.
Sometimes, when you stand on the highest peak, if you take the next step, you will fall into a cliff.
Sometimes, when you're at the bottom of your life, there are golden opportunities waiting around the corner.
At this moment, Kitahara and Miyagawa in the court are worrying about their respective situations. They don't know that this lawsuit over the right of way in neighboring land will soon involve an unprecedented lawsuit that shocked Dongyang. Bring an unimaginable, incomparable turning point.Following the Kawamoto Expressway case, Jiangto Law Firm will once again be active on the stage of the legal profession...
(End of this chapter)
5:30pm.
At this time, the corridor outside the trial court was already in the setting sun.
Miyagawa was sitting on the dock, feeling extremely nervous inside. The blood on that beautiful face had faded a lot, and he was holding the black ballpoint pen tightly with both hands.This is the first case she handles independently, and she doesn't want to disappoint her client.In Miyagawa's mind, the scenes of the goalkeepers training on the green grass, as well as the experience of the flower fields, kept appearing in Miyagawa's mind.
Miyagawa wants to protect the flower field's dream.
These people have finally found a place to live, and I must protect it.
But the more he thought about it, the greater the pressure in Miyagawa's heart.If they lost, without this croquet field, with their current financial resources, they would not be able to find a suitable field for training.They finally won the opportunity to participate in the World Championships, but they could not fight hard for it.
As if being pressed by a huge rock in his heart, Miyagawa even felt a little difficult to breathe at this moment.
At this time, Beiyuan was watching Miyagawa from the side, and did not intervene.After all, every lawyer will always go through this experience, and it doesn't hurt to let her experience this roller coaster of emotions.
Suddenly, the light on the secret door on the left side of the courtroom turned from red to bright, and the judge's assistant, Kyoko, stepped into the trial court first.Kyoko sorted out the information on the clerk's desk, confirmed that the computer was in good working condition, then looked at the plaintiff's lawyers in the courtroom, and raised her voice, "The chief referee is about to enter the seat to pronounce the verdict. Please stand up."
The voice fell.
The four lawyers in the court stood up one after another.Gu Meimen fastened the first button of her suit lazily.Machiko maintained an upright posture.Beiyuan's standing posture was a little crooked.
Miyakawa also stood up, and when she heard the clerk's voice, her heart couldn't help beating violently again.His throat, which had obviously been drinking mineral water, became thirsty at this moment.The time passing around seemed to be frozen, passing at a thousand times slower speed.The surrounding scene gradually became a little blurred.
next second.
Judge Jiang Tian appeared at the secret door, and he stepped into the trial seat.The black robe fluttered lightly, and his youthful face on the towering trial platform also looked quite majestic at this moment.
Seeing Judge Eda, Machiko immediately took a step forward, took out an A4 paper, and handed it to the judge, "Chief judge. Before making a judgment, I would like to submit an application for pre-execution. Considering that the Aobadai apartment is indeed in traffic now." Regardless of whether the judge agrees that Qingyetai Apartment has the right of way in the adjacent land, it requests to execute the plaintiff’s claim first. Qingyetai Apartment is willing to provide a certain amount of guarantee for the early execution.”
【Pre-execution】
[The so-called pre-execution means that in some special cases or emergency situations, before the court makes a judgment, the court is allowed to execute the scope of the party’s claims, transfer the other party’s property or stop or eliminate certain types of hindrances.Generally speaking, enforcement often needs to wait until the judgment becomes effective before proceeding.And advance execution is such an exception]
Hearing Machiko's request for execution first, Miyagawa's eyes widened a little, and he immediately took a step forward, "Chief referee, the judgment is about to be made. After the first-instance judgment is made, an appeal should be made, and the case should be transferred to the Tokyo High Court. The other party's application for advance enforcement should be submitted to the Tokyo High Court instead of submitting the application to the Shinjuku District District Court now."
Before the sentencing, the two female lawyers fought again.
Judge Eda accepted Machiko's application for pre-execution blankly.
"Chief referee!" Miyagawa stepped forward, opened his mouth, and wanted to speak again.At this moment, Miyagawa thought that the judge's action of accepting the other party's application for pre-execution was very bad.This has almost expressed the judge's opinion that the other party should exercise the right of way in adjacent land.Otherwise, the judge would not grant the request for pre-execution at all.
"Crack!"
The gavel sounded.
Miyagawa's complexion tightened again, but the sentence had already begun, and she could no longer speak at this time.The green fingers trembled slightly, and this beautiful figure stood in front of the judgment seat in a daze.
Judge Eda held a piece of paper in his hand and read out: "Shinjuku District Court, First Instance Civil Judgment No. Jingxin [65] 0925. Plaintiff: Aobadai Apartment Owners Committee. Plaintiff's attorney: Gu Meimen Law Firm Lawyer Gu Meimen Kensuke, and lawyer Dai Zhenzhi from Gu Meimen Law Firm."
"Defendant: Masahiko Takai. Defendant's attorneys: Yoshiichi Kitahara, lawyer at Eto Law Firm, and Saeko Miyagawa, trainee lawyer at Eto Law Firm."
"The case concerning the dispute over the right of way of the plaintiff Aobadai Apartment Owners Committee and the defendant Takai Masahiko on the neighboring land, this court filed the case on October 10, and the summary procedure was applied according to law. On November 5, the court held a pre-trial mediation meeting. November 11 A public hearing was held on the 21st.
"The attorneys for the plaintiff, Yoshiichi Kitahara and Saeko Miyagawa, attended the lawsuit, and the attorneys for the defendant, Kensuke Kumimon and Machiko Dai, attended the lawsuit."
"The trial of this case has now been concluded. The facts ascertained after the trial are as follows. The plaintiff, the owner of Aoba Terrace Apartment, holds a super high-rise residential building located on land No. A58012 in Shinjuku District, Tokyo in the form of trust. No. A58012330. The defendant, Masahiko Takai, owns a stadium under the name of Masahiko Takai, which is located on land No. A58012950 in Shinjuku District, Tokyo. The entrances and exits on the side and east side. According to the investigation, there is an underground path leading to the outside world on the basement floor of Aobadai Apartment, but the road condition is bad.”
"This court believes that in the state of road isolation, the law stipulates that the land owner may exercise the right of way in the adjacent land. Although the law does not stipulate whether the land use right holders can exercise the right of way in the adjacent land, based on the legislative purpose of the right of way in the adjacent land , the actual user of the land may also request the neighboring land to pass. Now that the Aobadai apartment in this case is actually facing a state of road isolation, the apartment owner, as the owner of the right to use, may also request the neighboring land to pass.”
"This court approves both the plaintiff's first and second claims. Considering that the venue of this case is a professional training venue. Although the law stipulates that the right of way of adjacent land can only compensate for direct losses, based on the principle of fairness, this court has discretion The defendant shall be compensated 200 million yen for renting another venue.”
"The sentence in this case is now pronounced as follows."
"Defendant Gao Jing needs to open the stadium to the owners of Aoba Terrace apartment. The opening area is a sidewalk and a motorway. The width of the sidewalk should be no less than 0.75 meters, and the width of the motorway should be no less than 0.3 meters for bicycles."
"The plaintiff, Aobadai Apartment Owners Committee, needs to pay the defendant Gaojing Grassland compensation for the loss. The amount of loss is 90725 yen per square meter multiplied by the actual area of the court."
"The Plaintiff Aobadai Apartment Owners Committee shall pay the defendant a site rental fee of 200 million yen within ten days after this judgment takes effect. If the plaintiff fails to fulfill its obligation to pay money within the period specified in this judgment, it shall be subject to the "Civil Procedure Law" Article 236, payment of interest on delayed performance of debts.”
"The case acceptance fee shall be borne by the plaintiff."
"If you are not satisfied with this judgment, you can submit an appeal letter to this court within 15 days from the date of service of this judgment, and provide copies according to the number of parties involved, and appeal to the Tokyo High Court."
"Magistrate: Eda Qingyan."
"At the same time, this court agrees to the plaintiff's application for pre-execution. This court will appoint personnel from the Land Surveying and Mapping Institute to survey the adjacent land boundaries around the plaintiff and defendant's land, and determine the entrance and exit positions of the open passage."
"The verdict is over."
Every word from the judgment seat hit Miyagawa's eardrums.Judge Eda granted all of the plaintiff's requests and also granted the request for pre-execution.However, the amount of compensation the judge agreed to was only 200 million yen.According to my previous calculations, the amount of compensation must reach 1200 million yen to fully cover Gao Jing's venue rental costs.But now, the court has only awarded 200 million yuan in compensation, which is only one-sixth of the target amount and less than one-tenth of the 3800 million yuan it claimed.
No matter how much he encouraged himself before, Miyagawa still couldn't accept the moment he heard the verdict.
Own……
I lost myself...
I failed to protect the training ground of Huatian...
In an instant, the emotion of self-blame flooded Miyagawa, as if throwing her into the endless depths of the sea.
The judge on the trial bench has left, and Machiko and Gu Meimen in the plaintiff's seat have also packed up and left the court.Machiko glanced back at the figure standing blankly in the courtroom, sighed slightly, and continued to walk away.In Court No. 607, only Miyagawa and Beiyuan were left.
On Wednesday afternoon, the two men on this side of the dock had their own difficulties.Miyagawa, who was handling the case independently for the first time, suffered a failure in the right-of-way lawsuit in the neighboring land, while Kitahara was directly blocked by the people of Mizuho Bank on the main road, and the amount of debt repayment at the end of the month surged from 5000 million yen to about 7300 million. Yen.
However, fate often likes to play tricks on people.
Sometimes, when you stand on the highest peak, if you take the next step, you will fall into a cliff.
Sometimes, when you're at the bottom of your life, there are golden opportunities waiting around the corner.
At this moment, Kitahara and Miyagawa in the court are worrying about their respective situations. They don't know that this lawsuit over the right of way in neighboring land will soon involve an unprecedented lawsuit that shocked Dongyang. Bring an unimaginable, incomparable turning point.Following the Kawamoto Expressway case, Jiangto Law Firm will once again be active on the stage of the legal profession...
(End of this chapter)
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