Tokyo Barrister: Start the law firm bankruptcy

Chapter 215
"Next, I will issue cross-examination opinions on the land boundary map No. T628307 presented by the defendant." Beiyuan's voice echoed in the courtroom.

The forensic investigation has come to a critical juncture.The land boundary recovery map No. T628307 shown by Gu Meimen was made 23 years ago by the Surveying and Mapping Brigade of the Land Registry. Its conclusion shows that the 37 pillars to be built by the General Hotel are all within the boundary of the land, which was carried out by the hotel. An important basis for construction.This document will also determine whether Akagi Hotel Group has the subjective elements to establish an infringement.

On the other side of the plaintiff's seat, Bei Yuan's figure, who seemed to be strolling in a garden, exuded an extremely powerful sense of oppression.Machiko was sitting in the seat, and she had just witnessed how the male lawyer questioned the surveying and mapping technology proposed by Gu Meimen.Even though she was just sitting by the side, the fierce attack poured out like a storm, but it also made her terrified.

Beiyuan held up a copy of the boundary map and pointed to a column of tables on the map.The name of the form in this column is the cadastral survey basis, and there are a few crooked words written with a black ballpoint pen in the column, as if it was placed on the palm of the hand and written directly under a hard object without any support.

The cadastral survey basis in this column is written in seven characters: "Currently using Ren Zhijie."

"Chief referee." Beiyuan showed this column of forms, with the corners of his mouth slightly upturned, "According to the law, the selection of basis for cadastral survey must follow a certain order. According to the Land Law, the order of selection of basis for cadastral survey is, first , The land owner establishes the boundary marks by himself. Second, the boundary of the adjacent land. Third, the current user's boundary. Fourth, refer to the old cadastral map. Fifth, local customs."

"In other words, when carrying out the land boundary survey, the surveying and mapping brigade did not come out of nowhere to directly measure the land. According to the legal requirements, the land owner needs to establish landmarks on the site first. Then the surveying and mapping brigade will start on the basis of these landmarks. Measure."

"If the land owner fails to establish a boundary mark by himself within the specified time limit, the surveying and mapping brigade needs to refer to the neighboring land boundary for surveying and mapping. If there is no adjacent land boundary, the land user shall conduct on-site demarcation, and the surveying and mapping brigade shall If none of the above is available, the surveying and mapping brigade’s land measurement needs to refer to the old cadastral map and local customs for demarcation.”

Beiyuan took out a few A4 sheets behind the map of land boundaries.

These A4 sheets of paper are attachments to the land restoration map, with black and white photos printed on them.

The black-and-white photos show what seems to be a construction site. Tall raised baffles have been erected on the site, soil clods have been excavated, and passing workers are constantly moving the excavated soil clods.Next to it, large cranes and machinery are getting ready for work.A field worker wearing a hard hat is waving a small flag in his hand, directing the approach direction of these large mechanical equipment.

"Chief referee." Bei Yuan's voice sounded, "Judging from the attached photos, the hotel was already undergoing construction preparations at that time, and the preliminary site cleaning work had already begun. We clearly saw that there were no landmarks established by the land owner on the site. , has been filled with all kinds of construction equipment.”

"Then, according to the order of cadastral survey basis stipulated by law, in the absence of a land owner to establish a boundary mark, the surveying and mapping team should conduct surveying and mapping according to the boundary of the adjacent land. At that time, the land on the west side of the Jiangjun Hotel was still owned by the plaintiff's father, An Hong, The land on the north side is owned by the Jiuli Academy. Therefore, the surveying and mapping brigade should conduct surveying and mapping according to the boundaries of the land borders on the west and north sides. The above two cadastral maps of the adjacent land should be included in the attachment.”

"However—" Beiyuan paused slightly.

This short pause, as if the stage suddenly became dark before the spotlight was about to turn on, reminded the audience present that an important drama was about to come.

The next second, the voice of the young male lawyer sounded:
"We can see that the surveying and mapping brigade directly violated the order of selection of the survey basis stipulated by the law. It did not obtain the boundary information of the adjacent land, and did not measure according to the boundary of the adjacent land. The surveying and mapping brigade directly ordered the hotel at that time to conduct on-site demarcation. , based on the results of the hotel’s on-site demarcation, to carry out aerial surveying and mapping.”

"Therefore, in fact, the surveying and mapping results of the so-called land registration office were generated by the hotel's own identification of the land boundary. Just now, when the defendant's representative presented evidence, he claimed that the hotel carried out construction because it relied on the land restoration map made by the administrative agency. Intentional or negligent infringement. However, according to the measurement basis stated in the land re-examination map, the surveying and mapping of the land boundary was identified by the hotel instead.”

"Therefore, in the case of the identification by the hotel, the wrong result of the land boundary should be attributed to the defendant himself. When he designated the boundary, he pointed to the land that belonged to the plaintiff's father An Hong at that time under his own name. It should be determined that he has The subjective mentality of infringement. Therefore, the evidence submitted by the defendant's agent is not enough to prove that the defendant lacks intention or negligence of infringement!"

Barristers are always able to create a story in their favor in a split second and use that story to refute another story told by the opposing lawyer in court.Gu Meimen's ingenious statement based on the map of the land boundary was suddenly torn apart by the sharp-edged cross-examination opinions.If they only listened to Gu Meimen's one-sided words, the listener might really think that the hotel relied on the wrong land boundary map issued by the land registration to carry out the construction, and it was just an innocent person.

However, after being cross-examined by Bei Yuan, the listener suddenly discovered that the land registration office's surveying and mapping was carried out according to the boundaries specified by the hotel on site.This is another version of the story entirely.This constant reversal of right and wrong, black and white, hit the nerves of the audience again and again.The audience in the gallery gradually no longer dared to make judgments easily.

Gu Meimen straightened her sitting posture a little bit, her expression became serious.If a young lawyer exudes a barrister's temperament, it may be just an illusion of himself.Then when the lawyer in front of him can withstand his own attack once, twice, or three times, and can launch a counterattack calmly, this is enough to show the strength of the opponent.

Who is this lawyer named Beiyuan in front of him?

Gu Meimen thought for a while and stood up. He decided to start serious, only to hear his voice echoing in the court: "The order of the so-called cadastral survey basis that the plaintiff's attorney just claimed is actually the fault of the administrative agency. The surveying and mapping brigade of the Land Registry directly skipped the order stipulated by the law and ordered the hotel to conduct on-site demarcation. During this process, the defendant was only a passive and passive role. He obeyed the instructions and arrangements of the administrative agency, Lacking the manifestation of its own will. As a hotel, the defendant cannot have a professional understanding of the legal procedures of surveying and mapping. The plaintiff’s cross-examination opinion only shows once again that the behavior that caused the hotel building to cross the boundary was due to the procedural procedures of the surveying and mapping brigade It was caused by illegal matters. The real object of accountability is the Land Registry Office.”

(End of this chapter)