"Chief Judge." Kitahara said, "The provisions of the "Regulations on Seizing, Detaining, and Freezing Property in Civil Execution" quoted by the other party should be understood as empowering provisions. From the original text of the provision, it gives the execution applicant the power to

When the seized property is occupied by a person outside the case, the person also has the right to apply to the court to eliminate the nuisance. However, it cannot be inferred from this that this clause deprives the owner of the property of the right to file a lawsuit to eliminate the nuisance."

"Judging from the legislative purpose of this judicial interpretation, it is to prevent the person subject to execution from taking the opportunity to transfer property or create encumbrances on the property. For example, I owe 50 million yen and I am sued for debt repayment."

Beihara smiled slightly, "I also have a property that was seized by the court. In order to prevent others from getting my property, I quietly mortgaged this property to others. In this case, my creditor

You can exercise the rights conferred by the above provisions and request the corresponding agency to cancel the mortgage, or request confirmation that the mortgage is invalid. Although my creditor is not the owner of this property, he can still act as the owner of this property.

Like the owner, he proposed to remove the obstruction."

"Therefore, the purpose of the above provisions is to prevent the person subject to execution from establishing encumbrances on the property. However, the situation in this case is fundamentally different. In the lawsuit over the right of way of neighboring land, my client Gao Jing did not transfer the ownership of the land involved in the case.

, and no encumbrance was created on the property. On the contrary, it was the General Hotel owned by the Akagi Hotel Group that occupied the plaintiff's land, and it was not the party Takai who deliberately introduced outsiders to fight the execution of the judgment."

"Therefore, the opposing party's attorney cited this article as insufficient basis to deny the plaintiff's right to claim. He misunderstood the empowering norm as restricting the property owner's right to file an action to eliminate nuisance, which is without legal basis!"

When the words fell, Machiko was already a little stunned, and the hand holding the paper became stiff. She did not expect that the male lawyer in front of her would pour out such a retort like a barrage of words in an instant.

And...and, she...she read it according to the court document drafted by Gu Meimen. Which...that is to say, he actually refuted Gu Meimen's first attack.

Sitting in the gallery, Shimada's hands covering his face were shaking so much. After hearing the male lawyer's fluent rebuttal to the opposite lawyer's first attack, the shaking of his hands slowed down a little.

He took out a tissue from his pocket and wiped the sweat from his forehead.

Machiko calmed down and immediately said: "The chief referee and the other party's agent ignored the legal effects of the seizure. The stadium involved has been sealed, and its land use rights are no longer complete and are subject to legal restrictions. Therefore, the plaintiff has no right to file for exclusion.

Action for nuisance."

Machiko believes that she must stick to the fact that the use rights of the land involved in the case have been restricted by seizure. As long as she sticks to this point, the plaintiff's right to sue will be denied by the court.

The lawyer named Beihara in front of him sneered, as if he had figured out the mind of the lawyer Dai in front of him. He only heard him say again, "Even though we admit that the use rights of the land involved in the case have been restricted by seizure.

, the plaintiff’s right to sue will still not be affected.”

"Because, even if there are restrictions on seizure, we still need to distinguish whether the use rights of the entire land are subject to seizure restrictions or whether the use rights of only part of the land are restricted."

In an instant, Beihara's words tore apart a corner of the female lawyer's rebuttal.

Machiko's eyebrows twitched slightly, as if she didn't expect that the other party would directly use her arguments in reverse.

Kitahara continued, "In the dispute over the right of way for neighboring land between Takai and Aobadai Apartment, the land area that Takai needs to give up only needs to meet the traffic needs of Aobadai Apartment. Its seizure restricts land use rights.

, should be consistent with the area of ​​land that Gaojing needs to actually transfer. Therefore, even if the land involved in the case is affected by the seizure restrictions, it cannot be considered that the use rights of the entire land are restricted."

"The area where the Shogun Hotel's pillars invaded Takai's land did not fall within the scope of the passage opened for Aobadai Apartment. The land outside the scope of the passage cannot be considered to be subject to seizure restrictions. Accordingly, even if the other party's argument is valid,

The plaintiff Takai should also have the right to sue. The seizure of Takai’s land involved in the case should be limited to the area opened for the Aoba Terrace Apartment."

Machiko felt the overwhelming pressure coming from the lawyer opposite her, but she was still biting her lip at this moment and thinking quickly about coping strategies. She did not believe that she would lose to this careless lawyer.

After being silent for nearly a minute, an idea suddenly flashed in Machiko's mind. As if she had caught a loophole in Beihara's words, she immediately turned to look at the trial seat, "Chief judge. The scope of the seizure of the land involved in the case should be registered as real estate."

The scope recorded in the book shall prevail. The scope of seizure is not clearly recorded in the registration book of real estate number A58233507. In this case, the entire land should be considered to have been seized. The other party's claim that the land has only been partially seized should have

The clear basis is either the court's sealing ruling or the records in the real estate register. In the absence of a clear basis, it should be considered that all the real estate under Gao Jing's name has been sealed."

After saying this, Machiko suddenly breathed a sigh of relief.

She never expected that she would be pushed to this point by lawyer Kitahara.

This soft-boiled male lawyer actually... seems to be somewhat competent.

However, when she looked up at the male lawyer in front of her again, her body suddenly trembled again.

Beiyuan still had a faint smile on his face and looked at her with interest. His eyes seemed to be staring at a sweet prey that walked into a trap without realizing it.

Machiko's angelic face could not help but freeze at this moment, and she looked slightly out of control. Didn't I...didn't I already complete the rebuttal of the lawyer opposite me? Could it be...could it be that I had said something wrong?

The next moment, Beiyuan turned to the clerk in the middle of the court and said, "Please record the words of lawyer just now in the court record. According to the relevant provisions of the Civil Procedure Law, the amount of seized property should be equal to

If the actual amount of the creditor's rights is equivalent and the property seized exceeds the amount, the party shall be liable for damages."

"The agent of the Aoba Terrace Apartment Owners Committee just now admitted that he had seized the entire land of Takai. The scope of the seizure has exceeded the actual land area required for travel to Aoba Terrace Apartment. Accordingly, the Aoba Terrace Apartment Owners Committee
Chapter completed!