Chapter 223 Guerrilla Warfare
I should get serious, Gu Meimen thought. However, as soon as this idea emerged, Gu Meimen suddenly felt that something was wrong. Had he already said this before? After suddenly realizing this, this
The corner of the barrister's mouth could not help but twitch slightly. Although Gu Meimen was still arrogant in his heart, in fact, with the beginning of the Akawood Hotel Group litigation and the collision with the young lawyer, he unknowingly
Already taking Beiyuan seriously.
After quickly adjusting his emotions, Gu Meimen regained his inner peace and immediately retorted: "The subjective possession that the other party just mentioned means that when the evidence about the land boundary measurement was presented before, the defendant had already stated that the hotel had mistakenly believed in surveying and mapping.
The measurement conclusion issued by the brigade was that the land involved in the case was owned by itself and construction was just started. Therefore, in terms of possession of the land involved in the case, the hotel occupied it with the intention of subjective ownership. What the plaintiff’s attorney just said is not true."
Hearing Gu Meimen's counterattack again, Beihara did not immediately refute. He glanced sideways at the judges on the stage.
At present, when it comes to counterattacks to obtain statute of limitations defenses, we cannot just stick to one point and struggle with it.
You never know what the seven judges on the bench are thinking.
If you just stick to one point of attack, even if you win over Gu Meimen on one point, as long as the seven judges don't approve it, all your efforts will be in vain.
It is necessary to open several fronts at the same time and launch attacks from multiple angles.
As long as there is one point of view among these angles that can impress the judges on the stage, it is enough.
The next second, Kitahara said: "Chief Judge, even if the statute of limitations for acquisition can apply to the land involved, the land of the General Hotel is jointly owned by Akagi Hotel Group and Tokugawa Keiji. Can the co-owners acquire the land according to the statute of limitations for acquisition?
Land, the issue remains unresolved."
"What do you mean?" Kitahara paused to give the listeners enough breathing space to digest the complex legal points before the intensive attack.
Then, he spoke again: "The requirement of the statute of limitations is that the possessor without the right cannot realize that the land is owned by others. If he realizes that the land is owned by others, it constitutes intentional infringement. And in the case where there are multiple persons without the right to occupy the land, he said again:
Below, this requirement is not met.”
"In other words, if the Akagi Hotel Group believes that the occupied land involved in the case belongs to the hotel, then it must realize that the land is owned by both the Akagi Hotel and Tokugawa Keiji. In other words, the first defendant will know
The land involved in the case is also owned by the second defendant. In the same way, the second defendant will also realize that the land involved in the case is also owned by the first defendant.”
"Therefore, joint owners of land will realize that their land will always be owned by others. In this case, the subjective understanding of land possession will inevitably include the knowledge that the land is owned by others. Accordingly, in joint possession
Under such circumstances, the subjective understanding and mentality of obtaining the statute of limitations cannot be met.”
Beiyuan's words greatly surprised everyone present.
Just when the listeners thought that the plaintiff’s lawyer would refute Gu Meimen’s arguments once again, the plaintiff’s lawyer seemed to disdain to entangle with Gu Meimen and immediately opened a new front. At this moment, the plaintiff’s lawyer was like an ambush deep in the mountains and forests.
Guerrillas generally attack everywhere, constantly roaming and harassing the opponent. Even if the opponent is equipped with sophisticated equipment and cannons, the cold gunshots fired from deep in the jungle from time to time will take away the lives of enemy soldiers indiscriminately.
Imanishi, who was sitting in the gallery, already understood Kitahara's strategy. The statute of limitations defense proposed by Komemon was quite weighty. To reverse the judge's evidence in a short period of time, it was necessary to attack from all sides. Whether each of these views is valid in itself.
If it is not tenable, let’s put it another way, but if it can appear to be attacking from multiple angles, it will at least make the judges sitting on the stage think that Gu Meimen’s statement is also problematic to some extent.
of.
Although this strategy is good, but...it requires too high a person's thinking power.
The statute of limitations defense is a defense carefully prepared by the defendant.
It is not easy to find multiple different angles to attack in a short period of time.
When Gu Meimen heard Beihara's argument, he couldn't help but be stunned for a moment. He didn't seem to expect that the young man in front of him would change the angle of attack again, ignoring his own rebuttal. Yes, I am Gu Meimen.
When I was in the court, I was actually... being ignored so openly and openly. This... this was the first time!
Gu Meimen immediately counterattacked again: "The acquisition of prescription system will not be hindered by the existence of joint possession. As long as the actual possessor occupies the land with the intention of exercising superficies, it meets the requirements of the acquisition prescription system. The plaintiff
Lawyers are unnecessarily complicating matters."
"So, Lawyer Komemon." Judge Eda in the courtroom narrowed his eyes slightly after hearing the question raised by Kitahara, as if he was very interested. Judge Eda has always had a certain degree of appreciation for the geometric beauty of legal theory.
Paranoia, there is a great concern for any interpretive obstacles that impede legal reasoning.
The referee went on to say, "Lawyer Beiyuan just raised a more important question. In the case of non-rightful possession, whether the 'others' in the 'other people's land' they occupy include the co-owners of their own land. For example, A and B jointly own
A real estate. So for B, can this real estate be regarded as other people’s land and be occupied without right?”
The sudden question from the judge hinted at a quiet change in the situation to some extent.
Gu Meimenrao is an experienced barrister, and his rhythm was not disturbed at all. An ordinary person would probably be stunned on the spot. He immediately looked at the trial seat and replied: "Logically speaking, the rights of co-owners extend to the property."
The whole. Since A and B jointly own a house, B’s ownership also extends to the house as a whole, so it is not established that he has no right to occupy it. However, the judge said that although the General Hotel in this case is jointly owned by Akagi Hotel Group and Tokugawa Keiji,
The land it occupies is not within the jointly owned land, but outside the jointly owned land. Therefore, as long as the land actually occupied does not belong to the common land, it can be established that there is no right to occupy it."
Gu Meimon did not choose to avoid the issue. He admitted that in the case set by Judge Eda, B could not be established without the right to possess. This is equivalent to supporting Kitahara's point of view in disguise, that is, the Akagi Hotel Group cannot be established without the right to possess, and the acquisition limitation system cannot be applied. . However, he immediately pulled it back again, asking the judge to pay attention to the fact that the land actually occupied did not belong to common land, and in an instant he refuted Beitahara's point of view invisibly.
He managed to answer the judge's questions head-on and defend his own views.
In less than a few seconds, he had already made such a smooth response.
Beiyuan looked at the scene in front of him and raised the corners of his mouth slightly.
The strategy of attacking on all sides seems to have achieved certain results.
Chapter completed!