Tokyo Barrister: Start the law firm bankruptcy

Chapter 216

In court, the two barristers faced each other again.Gu Meimen still regards the Land Registry Office as the ultimate responsibility bearer, demanding that the plaintiff should sue the administrative agency instead of seizing the hotel.The barrister's strategy still seems to be to insist that the hotel was not at fault in the process of measuring the boundaries.

Bei Yuan took a step forward and said again: "Just now the defendant's agent said that the defendant, as a hotel, cannot have a professional understanding of legal procedures. But in fact, before the land boundary survey, the land registration office will report to the proposed re-survey The owner of the land issues a notice of land boundary restoration. The notice will inform the time of surveying and mapping and the name of the corresponding engineer of the surveying and mapping brigade. At the same time, in the notice, the owner will also be informed of the legal procedures for land boundary restoration and the land boundary In case of dispute, the owner's remedies."

"Among them, the land boundary re-measurement notice has clearly stated the order of the land boundary re-measurement, informing the landowner that if he has not established a boundary mark, he will re-measure according to the boundary of the adjacent land. Only when there is no boundary of the adjacent land Only under the circumstances, the land user will make the identification."

"Therefore, after being notified by the Land Registry Office, the hotel should in fact be aware of the corresponding land boundary re-examination procedures, and should understand that in the case of adjacent land boundaries, it should not identify the land boundary by itself. Therefore, the defendant's agent's opinion on cross-examination The rebuttal has no reason!"

Beiyuan's statement after sentence was like machine gun bullets pouring out continuously, launching a confrontational refutation of Gu Meimen's response just now.Every statement made was like a cannonball falling on the opponent's dock, roaring and blasting out deep pits one after another.

Gu Meimen still stood calmly in the middle of the court, her expression did not change at all, "The attorney for the plaintiff obviously confused the point of the question. The question is not whether the hotel can understand the legal process. The question is that when the administrative agency requires When the hotel side identified the boundary of the scene, could the hotel side realize that this is a procedural violation?"

Gu Meimen strolled in the courtroom and said, "It is one thing to understand the legal procedures on paper, but another thing to deal with the instructions issued by the surveying and mapping brigade of the Land Registry. I would like to ask the plaintiff's attorney to figure it out A few things are clear. First, although the legal procedure on paper specifies the order of selection of relevant cadastral survey bases, it does not clarify whether this order is mandatory—that is, whether violation of this order will constitute an administrative A major breach of procedure."

"Secondly, even if there is such an order, can the surveying and mapping brigade of the land registration office choose different measurement basis according to local conditions? In fact, just now, the plaintiff's agent also showed the attached photo of the surveying and mapping site in the land resurfacing map. On the photo It shows that the hotel was already leveling the surrounding land at that time, and baffles for engineering have been erected around it."

"Then, under the condition that the baffle has been erected to block the surrounding land, is it still possible to continue to carry out land re-survey according to the boundary of the adjacent land? Perhaps, it was the surveying and mapping brigade who took this into consideration, so the hotel side directly inspected the site. Identify the boundary of the area. Based on the results of the identification, the brigade is conducting a re-measurement of the boundary."

Gu Meimen looked at the judges on the trial bench, "Chief judge. Ordinary people always have a natural trust in public servants in uniform, that is, they trust that they will not do illegal things on their own initiative."

"Then, when the surveying and mapping brigade asks the hotel to identify the land boundary, the hotel naturally believes that this instruction is a legal act, so it conducts the land boundary identification. The hotel is not at fault in this process. The agent of the other party believes that the hotel After receiving the land boundary restoration notice, it is necessary to understand the legality of the various instructions made by the surveying and mapping brigade on the spot, which is too harsh a requirement for the hotel, and it is obviously inappropriate!"

The fortress that had been bombarded suddenly erupted again at this moment, telling the attackers on the opposite side that the defenders still had enough ammunition and enough artillery to fight back.

Faced with Gu Meimen's sharp rebuttal, Bei Yuan remained unhurried, but calmly said: "Even if we take a step back, the hotel is not at fault in the selection order of the land boundary survey basis. But the specific identification behavior is by The hotel made it. The hotel should be responsible for its designated behavior.”

Beiyuan's response was very short, only a few crosses.

However, the essence of a court speech is not to be long, but to let the big shots on the bench remember your point of view.The more entangled in the details, the more it is necessary for the judges to grasp the real vital points in the chaotic details like a ball of wool.

When Gu Meimen repeatedly emphasized that the responsibility for the entire land boundary re-establishment lies with the land registration office, our own side must also emphasize that the specific identification is made by the hotel.

The specific boundaries are designated by the hotel.

This is a fact that cannot be denied in any case.

This evidence was even submitted by the defendant himself.

Not even the accused themselves could deny it.

In the next second, Gu Meimen smiled again, "Even though the specific identification of the boundary was made by the hotel. However, the confirmation of the identification result was completed by the surveying and mapping team. The hotel is not a professional in geographical surveying and mapping. There are deviations in identification, which is a normal thing."

"Under such circumstances, the surveying and mapping brigade still confirmed the hotel's identification results, indicating that they had no objections. Based on the trust in the staff of the Land Registry, the hotel believes that there is no problem with its identification results, which is not at all possible. point of accusation."

Gu Meimen looked at the young man in front of her, and decided to strike a fatal blow to completely end the debate on this topic.He picked up a copy of the land boundary map and pointed to the column of land area.

"Chief judge, the usual standard for determining whether there is an error in the identification of land boundaries is to see whether the land area surveyed and mapped based on the identification results is consistent with the land area recorded in the real estate title certificate."

"If the measured area is inconsistent with the area recorded in the real estate title certificate, then there must be a situation where the hotel has identified more or less fingers during the identification process. After the hotel identified the land boundary, the surveying and mapping brigade conducted aerial surveys. The land area is 98325.55 square meters The land area recorded in the real estate title certificate is 98325.63 square meters. The error value is small and within the tolerable range.”

"Therefore, based on the final measured land area, the hotel believes that there are no mistakes in the process of identifying the land boundary, and there is no encroachment on the neighbor's land, and there is nothing to blame. Unless the hotel's identification results, the surveyed and mapped The actual area must be higher than the recorded area of ​​the real property right, so we can infer that the hotel has the intention to infringe the ownership of the adjacent land by relying on identification. However, obviously, this case does not exist in this case.”

Gu Meimen looked around the court and raised her voice, saying: "In this regard, in this case, the hotel party is innocent in the role of the land re-survey. It should not be responsible for the wrong conclusion of the land re-survey. The hotel has no ability to distinguish the surveying and mapping team. Whether the on-site instructions are illegal. Moreover, since the area obtained by the final survey and mapping is very small from the area of ​​the real estate title certificate, the hotel has no way of knowing whether its specific identification process has violated the neighbor’s land ownership.”

"To sum up! My client did not have intentional or negligent subjective mentality in the matter of the building crossing the boundary, and did not have the necessary conditions to establish a tort!"

(End of this chapter)