Tokyo Barrister: Start the law firm bankruptcy

Chapter 249 Sentencing (Triple in One)

The final statements of the two barristers had a fierce collision.The listeners present no longer knew who should win or lose in this lawsuit.Their respective final statements, no matter which side they take, seem irrefutable.Under such circumstances, the listener can't help but be more curious about how the judge will pronounce the sentence.

Gui Sanlang sat in the dock, already overwhelmed by the courage of the plaintiff's lawyer, his face could not help but twitch slightly.He never thought that in court, the hotel would face such a dangerous situation.The young lawyer who had only met briefly in the afternoon that day actually possessed such strong combat power.Can this... can this lawsuit really be won?What if you lose?
"Lawyer Gu Meimen!" Guisaburo immediately turned his head and said urgently in a low voice, "Quickly tell the judge that the city hall is already promoting the legal procedures for the establishment of public easements, and let the court postpone the judgment."

Hearing this urging, Gu Meimen shrugged noncommittally, and looked at Machiko next to her.

The beauty was quite helpless, so she had no choice but to seize the short gap, stood up and said, "Chief referee. We would like to add one more thing. Now the Shinjuku City Office is going through the process of establishing a public easement for the land involved. Once the public easement The completion of the establishment will have a significant impact on the rights of the land involved in the case. It is not yet known whether the plaintiff can exercise the right to sue after assuming the public easement. Therefore, we request the court to suspend the trial of this case until the establishment of the public easement by the city hall is completed. Afterwards, the trial of the case will resume."

Just when everyone thought that the trial of this lawsuit was coming to an end, they did not expect the defendant to drop another blockbuster.If the trial of this case is suspended, doesn't it mean that the lawsuit will be delayed until the year of the monkey?

Kitahara rested his chin gently with one hand, and looked at the Machiko.It turned out to be like this... No wonder the chairman of Akagi Hotel suddenly changed his opinion.It turned out that they wanted to expropriate Gaojing's land in a disguised form by establishing a public easement.Reminiscent of the foreign exchange approval matters of Akagi Hotel Group, coupled with the sudden establishment of public easements by the Municipal Office, the person behind Akagi Hotel Group has really great energy.

I really want to find out this person and see who it is.

For some reason, Beiyuan felt a sense of familiarity inexplicably, as if the person behind the Chimu Hotel had a style of attack that he had met somewhere before.

Miyagawa looked at Kitahara from the side, and she was about to stand up to refute Machiko's statement.

Judge Eda on the trial bench gave Machiko a cold look, "The request to suspend the trial is unnecessary. The procedure for establishing public easements by the city hall does not affect the trial of this case. The act of establishing public easements on the land involved in the case does not would change the ownership status of the land, and the plaintiff would still be able to sue for the exclusion of nuisance."

As if he didn't expect the judge to dismiss it so lightly, Gui Saburo was stunned in the dock for a moment.

In the next moment, Judge Jiang Tian announced: "Now the final statement is over. The trial of this case is over. All parties in the case have fully expressed their evidence, cross-examination opinions, and debate opinions. The collegial panel has understood the views of all parties. One hour later, This court will make a public judgment on the case."

"Crack", the gavel sounded.

Official adjournment.

As if intending to fight against the city hall's establishment of public easements, the sound of the gavel seemed to express the court's dissatisfaction.

Sentencing in one...an hour? !Gui Saburo did not expect that things would turn around in this way. He could have thought that the establishment of procedures by public easements would delay the case a little longer. However, this idea was proved in less than a few minutes. It doesn't work, and it may even have the side effect of arousing judges' dissatisfaction.

At this moment, thinking of Hiko Meimen's warning that day, don't put your hopes on this strategy.Maybe... maybe the day of reconciliation shouldn't have been missed.

"Judge! Judge!" Guisaburo came back to his senses, stood up from the dock, and wanted to express his request to suspend the trial again.

However, at this moment, the seven high chairs of the magistrates on the trial bench are empty.

The situation that the verdict will be pronounced in an hour is something that cannot be changed.

Huatian in the auditorium didn't know what happened in court, she only saw the lawyer from Chimu Hotel stand up and talk for ten minutes, and then Beiyuan stood up and talked for ten minutes.However, because of her hearing impairment, she did not know what the lawyers on both sides were talking about.But the only thing she knew was that when they spoke, the audience in the courtroom was listening extremely carefully and carefully.

Now the judge has left the seat, but the crowd has not dispersed.

Clearly, the lawsuit isn't over yet.

Should we wait for the verdict? !
Thinking of this possibility, Hanada's heart tightened slightly.Previously, the two lawsuits experienced by the court were unsatisfactory, and the girl no longer dared to have any great hopes for the lawsuit in front of her.

the more you hope, the harder you fall.

Hanada didn't understand why it was such a simple and simple wish that he wanted to play croquet, but it was hard to come true.

God has already deprived me of the possibility of hearing the sound, so why didn't I even let myself play the gateball that I finally found.

Why is God so unfair? !
Why do you treat yourself so cruelly over and over again? !
Why exactly? !

Time passed by every minute and every second, and Hanada felt that the world around her seemed to be gradually losing its luster and turning gray.I seem to have fallen into a prison in the deep sea.Under the blue water, no sound can be heard, no light can be seen.What's there is just the huge pressure deep in the bottom of the sea, constantly squeezing his body.My own life is like the world under the deep sea, only monotonous and poor.

Huatian's hand pinched his knee, and his strength was getting stronger and stronger, and his head was buried lower and lower.

At this moment, there seemed to be a hand shaking suddenly in front of him, and Huatian couldn't help raising his head.

The lawyer named Beiyuan walked in front of him at some point.He still had that smile on his face, and he raised his hand to make a gesture again, signed sign language, and typed out a language in this court that only the croquet girls understand, a silent language .

"We will definitely win."

"You can keep playing croquet, too."

The lawyer's sign language said so.

Like a girl in the deep sea, she also felt a ray of sunlight penetrating from above the waves.

Hanada's throat choked slightly.

One... must be lying to me again.

It... Actually, it doesn't matter if you didn't win...

Because...because my life...is just like this...

Maybe... maybe, this is...fate...

The dream of playing croquet...maybe...shouldn't have happened in the first place...

At this moment, the light on the hidden door of the courtroom came on.Seven judges appeared from the secret door and slowly stepped into the judge's seat.The atmosphere in the courtroom became solemn again.Judge Jiang Tian, ​​who stepped into the trial seat, was already holding an A4 paper in his hand, which recorded the first-instance verdict of the case.Before the clerk could maintain discipline, the voices in the courtroom had all quieted down.

The clerk in the middle of the court said solemnly: "The chief referee has entered the seat and is about to announce the verdict in court. Please stand up."

In an instant, the crowd in the courtroom all stood up.

"Crack!"

The gavel sounded.

Judge Jiang Tian held the paper in his hand, stood behind the trial seat, and pronounced:
"Tokyo High Court, First Instance Civil Judgment No. Gao [68] 0982. Plaintiff: Masahiko Takai. Plaintiff's attorney: Yoshiichi Kitahara, lawyer at Eto Law Firm, and Saeko Miyagawa, trainee lawyer at Eto Law Firm."

"Defendant [-]: Akagi Hotel Group, legal representative: Kamezaburo Akagi. Defendant [-]: Keiji Tokugawa. The attorneys jointly appointed by the two defendants: Gu Meimen Law Firm, Gu Meimen Kensuke."

"The third person: Aobadai Apartment Owners Committee. The third person: Baile Taste Catering Club, legal representative: Yumi Mitani. The third person jointly entrusts the attorney: Dai Machiko, a lawyer from Gumeimen Law Firm."

"The case of the plaintiff Masahiko Takai and the defendants Akagi Hotel Group and Keiji Tokugawa on the exclusion of nuisance disputes was filed by this court on November 11, and ordinary procedures were applied in accordance with the law. open trial."

"The plaintiff, Masahiko Takai, and his attorneys, Yoshiichi Kitahara and Saeko Miyagawa, attended the lawsuit. The defendant's attorney, Kensuke Kumimon, and the attorney of the third party, Machiko Dai, attended the lawsuit."

"The trial of this case has now been concluded. The facts are as follows after the trial: the plaintiff Takai Masahiko owns a stadium. The real estate certificate number is A58233507. The ownership of the above-ground buildings on the real estate involved in the case is owned by the plaintiff. The registrant of land ownership is still the plaintiff's father Gao Jing An Hong. The plaintiff's father has passed away, and the relevant land inheritance matters are being handled. The first defendant, Akagi Hotel Group, and the second defendant, Tokugawa Keiji, jointly own a building named "General Hotel". During the land boundary survey, the plaintiff discovered that the buildings belonging to the first and second defendants invaded the plaintiff's land, occupying two square meters. After investigation, the buildings were load-bearing columns of the hotel."

"It was also found that in the 43rd year of Dahua, that is, 23 years ago, the Surveying and Mapping Brigade of the Land Registry Office of Shinjuku District issued a land boundary restoration map. In the land boundary restoration map, the land involved in the case was classified as the property of the hotel."

"This court believes that although the plaintiff only has the ownership of the buildings on the ground, based on the legal principle of the integration of real estate and land, he can also file a lawsuit for the occupation of the intrusion into the land. Although the land involved in the case is in a state of being sealed up and enforced, it does not affect the plaintiff File an exclusionary nuisance lawsuit to stop others from infringing."

"In this case, the defendant claimed that he had obtained the ownership of the occupied land involved in the case according to the statute of limitations. The statute of limitations required that the occupant without the right to occupy the land in the sense of exercising superficial rights. The hotel column invaded other people's land Based on the objective and superficial facts, it cannot be concluded that the hotel occupies the land with the intention of exercising superficial rights. The defendant failed to meet the requirements of proof.”

"About the fact that the column of the hotel invaded the plaintiff's land. The defendant has provided the corresponding land boundary restoration conclusion map, which proves that the hotel is likely to rely on the surveying and mapping conclusions of the land registration office for construction. Although this evidence cannot prove that the hotel has no intention of infringement, it has shaken the plaintiff's claim The establishment of the hotel establishes the possibility of the subjective meaning of infringement. The plaintiff should provide further evidence to refute the defendant's claim."

"According to the "Civil Procedure Law", the parties should provide evidence to prove the facts on which their claims are based. If they fail to provide evidence to prove their claims, they should bear the adverse consequences of not being able to provide evidence."

"The Civil Law stipulates that if a landowner builds a house that crosses the boundary of the land without intentional or gross negligence, if the owner of the adjacent land knows that he has crossed the boundary and does not immediately raise an objection, he may not request the removal or modification of his house. Compensation should be paid for the damage suffered. The defendant claims to apply this clause to redeem the plaintiff’s land, and this court approves it.”

"During the trial, the plaintiff claimed that the area of ​​the redemption should be calculated according to the projection method. After investigation, the defendant's hotel building did cross the land boundary in mid-air. Therefore, the application of the projection method to calculate the area of ​​the plaintiff's land actually occupied by the hotel has legal basis. After the third hearing , the plaintiff submitted a supplementary statement on the area calculated by the projection method after court."

"The case is pronounced as follows."

"Defendant 280 and Defendant 315.6 are required to pay damages to the plaintiff within ten days after this judgment takes effect. The specific calculation method for the total payment is the land area calculated according to the projection method, multiplied by the land price in Shinjuku District that the defendant admits per The square meter is 236 million yen, and the total price is [-] billion yen. If the defendant fails to perform the payment obligation within the period specified in this judgment, he shall pay interest for the delayed performance of the debt in accordance with the provisions of Article [-] of the "Civil Procedure Law" .”

"Case acceptance fees shall be borne by the defendant."

"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 Supreme Court."

"Judges: Eda Aohito, Okajima Hiroki, Nakazawa Kosuke, Takeuchi Ayano, Hirakawa Takenori, Shinozaki Miki, Nakatani Ichie."

"The case is declared closed."

The gavel sounded.

In the case of Takai v. Akagi Hotel Group and Keiji Tokugawa, the first instance has officially ended.

During the reading of the verdict, the citizens present seemed to experience a thrilling experience like riding a roller coaster.The court held that the plaintiff had insufficient evidence to prove the defendant's intent to infringe, and the facts were unclear, and the plaintiff had to bear the consequences of unfavorable evidence.From this point of view, the defendant's lawyer, who has a 100% winning rate, seems to have won.At least on the surface, Gu Meimen has won.

However, when determining the specific amount of compensation, the court adopted the plaintiff's point of view, that is, to use the projection method to calculate the area of ​​the infringed land.In the end, the hotel had to pay nearly half of the building cost to compensate the plaintiff Gao Jing.From... From this point of view, the plaintiff... the plaintiff has made a lot of money because of the two square meters of land.After digesting this information, some reporters in the auditorium immediately rushed out of the courtroom and went to the media hall on the first floor to report the latest verdict
Imam Nishi, who was sitting in the public gallery, listened to Judge Eda's judgment and chewed out more meanings.Judge Jiang Tian ruled that the hotel did not establish the reason for the infringement, but the evidence was insufficient.However, untitled possession of land is a continuous state of infringement not bound by the principle of non bis in idem.If a new situation of unauthorized possession is discovered in the future, Gao Jing can sue the hotel again.This judgment is like hanging a sword of Damocles over the hotel.

Gao Jing sat in the plaintiff's seat, and when he heard the judge read out that the plaintiff failed to prove that the defendant had the intention to infringe the rights, his somewhat dark face lost some blood.

However, as the verdict was read to the end, when the hotel actually had to pay more than 300 billion yen in compensation, Gao Jing's heart beat a little bit suddenly, and his whole face turned red. After the verdict was over, the doorman Coach Ball couldn't help laughing heartily, and Gao Jing's hearty laughter echoed throughout Court No. 607.

"Lawyer Beiyuan, lawyer Beiyuan, you're really amazing!" Gao Jing habitually raised his hand to pat the back of the man next to him, but he patted nothing.It turned out that before the verdict was pronounced, Beiyuan was standing at the side of the auditorium and Hanada was talking about something. After the judge entered the seat, when everyone was standing, Beiyuan also stood where he was and did not return to the plaintiff's seat.

At this moment, Hanada in the auditorium didn't know what happened.However, in the next moment, she saw Coach Takai laughing heartily.

Won?

Did you really win?
Hanada's hands trembled slightly, as if she couldn't believe what happened before her eyes.

At this moment, the Beiyuan lawyer who had been standing in front of her turned around and gestured to her.More than a full 300 billion yen in compensation, the goal team can get more than 300 billion yen in compensation.

Hanada was momentarily stunned. With a compensation of 300 billion yen, there is no problem even if it is to build a football field in Tokyo, let alone build a dedicated gateball field.

We can play croquet.

You can play croquet again.

Like a dandelion floating in the air, it finally came to a place where it could settle.

The grievances suffered in the past seem to have found an outlet to pour out at this moment.

It was as if after a long dark night, the first ray of dawn finally ushered in the first ray of dawn.

Huatian's eyes were red, and looking at the Beiyuan lawyer in front of him, he slowly raised his right hand, stretched out his thumb, and bent it.This means in sign language:

"Thank you, lawyer Beiyuan."

At this moment, when Kame Saburo, who was sitting in the dock, heard that more than 300 billion yen in compensation would be paid, his face turned pale.When he walked into the court just now, the majesty and arrogance disappeared, and the somewhat bloated body trembled uncontrollably.

300 billion yen, which means that the hotel's overseas mergers and acquisitions plan can no longer be carried out as scheduled.

The "scheduled progress" that Secretary Kurosawa has repeatedly explained is no longer possible.

What caused all this was that he rejected the plaintiff's settlement agreement that day.

If I had signed the settlement agreement that afternoon, I would have paid more than 100 billion to settle the matter.

Now, the court has ruled.

The amount of compensation is up to three times the settlement amount.

However, Piansheng couldn't blame the lawyer for rejecting Gu Meimen's proposal to accept the settlement.

It's too late to regret now.Akagi Hotel Group, which has a debt of 300 billion yen, is no longer able to free up excess funds for overseas acquisitions.

The matter that the gentleman explained cannot be completed.

I will definitely offend that gentleman this time.Recalling what Kurosawa said on the phone, the congressman went around lobbying for his foreign exchange approval.Now, the foreign exchange has been exchanged, but the hotel has no money to make purchases.This is undoubtedly a slap in the face of that congressman.

This time, I was really finished.

What will happen if you offend that gentleman?Kame Saburo no longer dared to imagine.At this moment, he suddenly raised his head, only to see ten croquet girls and the croquet coach standing in front of the dock.These eleven people stood in front of the table like door gods, and eleven eyes were razing towards him coldly.

Seeing these eleven people suddenly, Gui Saburo suddenly remembered the humiliating scene of apologizing at the hotel that afternoon.At this moment, when I looked up to see the gate team coach, the fear of being reprimanded like a child surged in my heart.

"Ah... ah... ah!" Gui Saburo seemed to see some terrifying monster, he stretched out his hand and waved it continuously, as if to drive away the person in front of him, because of the force under his feet, the chair suddenly tilted back, and the whole body The person fell directly from the chair to the ground.

At this moment, Kamezaburo seemed to have lost his mind. He couldn't tell whether the person in front of him was Kurosawa or the goal team. He supported the ground with trembling hands, kicked his legs back, and cried helplessly. : "Don't come here! Don't come here!"

In the auditorium, seeing the appearance of the chairman, the hotel's legal team immediately rushed over the fence of the auditorium to Guisaburo, and surrounded him.

"Chairman, are you okay?" Legal Director Watanabe held Kamezaburo's hand, "We can go back to study the judgment and find a solution."

"Can I sign another settlement agreement, can I sign again? I can apologize again, I can apologize again!" Kame Saburo seemed to have regarded Watanabe as Gao Jing, hugged his leg, cried bitterly, and kept knocking his head .

Gao Jing, who was in front of the dock, scratched his head, seeing Kame Saburo's appearance, he couldn't help but wonder, "Am I so scary? I just want to chat with him."

At this moment, the news that Akagi Hotel Group needs to pay up to 300 billion yen in compensation immediately spread throughout Tokyo.In the lobby on the first floor of the High Court, before the lawyer came down, the media reporters couldn't wait to start the first report.In this battle of lawyers of the century, Gu Meimen still maintained a 1% winning rate, and he successfully defeated the other party's infringement claims.Although Kitahara's claim was denied on the surface, the hotel still needs to pay as much as 100 billion yen in compensation, which is also an unprecedented sky-high compensation in land infringement disputes.

On Monday, at 12 o'clock in the morning, Akagi Hotel Group issued a suspension announcement on the Tokyo Stock Exchange.

On the same day, at 18 o'clock in the evening, Chimu Hotel Group officially announced that due to the litigation of the General Hotel, its overseas acquisition plans for three Western hotel companies, Luolanhua Hotel, Arc de Triomphe Hotel, and Beilun Island Hotel, were suspended.

(ps: update in the afternoon or evening)
(End of this chapter)