Chapter 204 Real Estate Certificate
As Gu Meimen stood up, the barrister's unique aura of pressure immediately emanated from him, covering the entire audience, forming a strong sense of oppression, which made people feel a sense of fear.
Gu Meimen looked relaxed and said, "The defendant's agent first issued the following defense opinion. We believe that the plaintiff Masahiko Takai has no right to file a lawsuit to eliminate obstacles in this case. Please pay attention to the real estate certificate submitted by the other party. The real estate certificate is generally composed of two parts, namely the ownership of the building on the ground and the ownership of the land. The owner of the building on the ground is stated in the column of the ownership of the building on the ground. However, please pay attention to the name recorded in the column of the ownership of the land.
Gu Meimen held a copy of the real estate rights certificate and displayed it in court. However, on the copy paper of the rights certificate, the name stated in the land ownership was a few big words - Anhong Gaojing.
The lawyer with bright hair combed, waving a copy of the real estate rights certificate, said, "Taojing Anhong is the plaintiff's father. After investigation, the plaintiff's father passed away last year. The inheritance procedures for his inheritance are still under processing. Judging from the historical records of the real estate holding, both the above-ground buildings and the land ownership were owned by Gaojing Anhong before. Later, the above-ground buildings were transferred to the plaintiff's name before. The current land ownership is still registered under Anhong's name, not Gaojing's name. The inheritance procedures for real estate have not been completed."
"In this case, General Hotel suspected of crossing the boundary and encroaching on land was the land. However, judging from the real estate rights certificate, the plaintiff Gaojing has not yet become the land owner, and he only owns the ownership of the buildings on the ground. The inheritance procedures are still under processing. The lawsuit for excluding obstruction should be the land owner. Accordingly, the plaintiff Gaojing should wait for the inheritance procedures to be completed before filing a lawsuit in the court."
After Gu Meimen finished speaking, he bowed slightly, like a gentleman, putting away his dancing steps.
In a blink of an eye, the lawyer once again raised a difficult question to the plaintiff.
The plaintiff Takai's father An Hong lived in the West and died in the West. Therefore, this involves the inheritance of cross-border inheritance. Previously, there was an incident in the East that when cross-border inheritance matters, some heirs used the information between the two places to forge documents and defraud inheritance.
After this incident, the number of supporting materials required for cross-border inheritance increased suddenly, and the approval procedures became extremely strict. In addition, the materials required for land transfer are numerous, and the two are superimposed together, making the procedures extremely complicated. Therefore, currently, on the property certificate of A58233507, Gao Jing still owns only the ownership of the above-ground buildings. The ownership of the land is still registered in the name of his deceased father.
Considering the current difficulty of handling cross-border inheritance, if Gao Jing really wants to go back to complete the inheritance procedures and file a lawsuit, it may be delayed for a few years.
If there is only ownership of buildings on the ground, but no ownership of land, can we file a lawsuit to eliminate obstacles?
Such a tricky question was placed in front of the plaintiff's lawyer.
Almost all the listeners in the auditors were deeply shocked by the Gumeimen lawyer in the defendant's dock. From the introduction of the two third parties at the beginning, to the question of the plaintiff having only ownership of the building on the ground but not the ownership of the land. How long can the two young lawyers on the opposite side, who seem to have only graduated from college for a few years, hold on to the attack of the lawyer?
Hearing Gu Meimen say this, Miyagawa couldn't help but stand up. Her two Emei trembled gently, as if she felt a little angry because the lawyer with a 100% winning rate was too much of a reversal of black and white. The beauty lawyer said:
"Even if the plaintiff Gao Jing is not the land owner, as the heir of his father's estate, he certainly has the right to file a relevant lawsuit. As the heir, as the general successor of the future inheritance, he will undertake the rights and obligations of Land A568013 involved in the case. The encroachment of Land A568013 involved in the case will inevitably affect his civil rights."
"Let's take a step back. Even if we don't look at the heirs of the inheritance, my client, Takai, as the administrator of the inheritance, has the right to file a lawsuit. Takai is the only son of his father, and his mother has also passed away. He is both the heir of the inheritance and the administrator of the inheritance. According to the provisions of the Civil Law, the administrator of the inheritance has the right to take measures to prevent the damage and loss of the inheritance. The pillars of the General Hotel have crossed the boundaries and occupied Takai's father's inheritance. As the administrator of the inheritance, Takai has the absolute right to file a lawsuit to eliminate obstruction in law."
Miyagawa's beautiful eyes glared slightly, took a step forward, and with a rushing force, pouring out her point of view like a series of shells.
Gu Meimen looked at the female lawyer who was "overestimating his abilities" in front of him and smiled, "Since you are looking at the problem from the perspective of inheritance, the civil rights and interests in this case should be Gao Jing's inheritance rights. The current case is to eliminate hinder disputes. The civil rights and interests you request to protect are property rights. Please apply to the court to change the case, and then stand in court and debate with me."
[Case of a Civil Cases]
[The so-called cause of a case is a classification of civil litigation. For example, the cause of a land tort dispute is to eliminate hinder disputes. Although the cause of a case is only a category of a case, in practice, the cause of a civil case will have an extremely huge impact on the direction of the lawsuit. The cause of a case determines the nature of a case, determines the type of litigation request, and determines the direction and requirements for evidence. For example, if a person is injured due to defects in purchasing products in the shopping mall, then the cause of his case can be either a contract dispute or a tort dispute. Different types of cause of a case will determine the next direction of his case]
Gu Meimen said lightly, like a feather stained with deadly poison.
It just floats slowly in the air, but it can take away other people's lives in an instant.
The moment she heard the case change, Miyagi's face suddenly froze, and her whole body was stunned. Just now, she was confident that these words could refute the annoying lawyer in front of her. However, she did not expect that these words would reveal a bigger flaw.
Yes, if the right to sue is established from the perspective of inheritance, this case will become a case of infringement of inheritance rights, rather than a case of obstruction disputes being ruled out.
Then... the whole case will begin again.
Thinking about the difficulty of handling materials related to cross-border inheritance, the entire case will inevitably fall into endless delays. Various possible bad consequences poured into Miyachuan's mind, and her face immediately turned pale.
After seeing the defendant's lawyer, he completed the rebuttal of the plaintiff's female lawyer in a flash, many people in the court were full of amazement at Gu Meimen. Then, the eyes of the listeners fell on the plaintiff's dock again, with a little sympathy, as if they were sighing at the huge difference in strength between the two sides.
As Kamishi watched his daughter get frustrated, his brows trembled slightly. However, this fierce confrontation also gradually made him enter the trial. Kamishi looked at the figure of Kitahara with deep eyes and became curious about how the wild boy who defeated him in the Kawamoto Expressway case would deal with this problem.
Chapter completed!