"Both parties have expressed sufficient opinions on whether Aoba Terrace Apartment has the right of way to neighboring land." Judge Eda looked at the two attorneys in front of him and said, "Now, we turn to the next focus of the dispute. If, I

It means 'if', if Aoba Terrace Apartment is confirmed to have the right of access to the adjacent land of the green stadium, then the extent of the stadium that should be opened and the amount of compensation that should be paid, please ask the agents of both parties to provide evidence on this point.

, cross-examination opinions and debate opinions.”

The moment he heard the judge say this, Miyagawa frowned slightly, and an ominous premonition suddenly arose in his heart. Did the question itself represent the judge's own inner tendency?

If the judge himself is inclined to conclude that the Aoba Terrace Apartment does not have the right of way to the adjacent land, then the value of discussing this issue will not be of much significance.

At this time, Judge Eda signaled that he and Lawyer Dai were still speaking in detail on this issue. Does this mean that the judge himself had been convinced by the other party?

Miyagawa suddenly became a little uneasy.

However, no matter how much you think about it, it is useless. Even if the judge decides that the apartment has the right of way to the neighboring land, as long as you can get a high enough compensation, it can still achieve the same effect of safeguarding the interests of the parties.

Machiko became somewhat excited after listening to the judge's question. She was very well prepared in terms of the open range of the court and the amount of compensation. She was confident that she would definitely be able to defeat her opponent.

That angelic face looks even more bright and charming because of the added confidence.

Machiko stood behind the plaintiff's seat, flipping through the evidence book on the table, and raised his head and said: "The chief referee. The plaintiff's attorney believes that the scope of the site that the defendant should open is at least equivalent to a standard sidewalk and a motorway. The width of the sidewalk should be no less than 0.75

meters, the motor vehicle lane should be no less than the bicycle width plus 0.3 meters.”

"In this regard, the plaintiff's attorney presented a third set of evidence to prove the necessity of opening a motor vehicle lane."

"The first piece of evidence is the "Aoba Terrace Apartment Property Facilities Maintenance Table." This table shows the current daily maintenance items of Aoba Terrace Apartment. There are currently about two hundred items maintained daily. Among them are

Some repair and maintenance projects require the assistance of small vehicles. For example, the transportation of the underground garbage station of Aoba Terrace Apartment requires garbage trucks for transportation. Currently, manual labor is required to drag garbage out of the apartment, and the labor cost is too high. Another example is that there are currently rockery mountains

The replacement of the fountain, as well as the repair and maintenance of the fountain, all require small forklifts and water tank trucks to come in to assist."

"The second piece of evidence is the "Pest Inspection Result" issued by the Environmental Health Bureau in Aoba Terrace Apartment in May this year. The inspection report mentioned that some property facilities in Aoba Terrace Apartment were not maintained or updated in a timely manner and some were sprayed.

The stagnant water in the pool was not cleaned and replaced in time, and the weeds were not eradicated in time. A large number of insect eggs have been found, which may lead to the occurrence of pests. The inspection results also show that in order to prevent and control pests in the apartment involved, small vehicles also entered the site.

Necessity of maintenance of some property facilities.”

"The third piece of evidence is the statistical results of vehicle width measurement of small vehicles on the property. This evidence shows that in order to complete the repair and maintenance of relevant property facilities, more than ten types of small vehicles are required to enter the site. And the average width of these vehicles is

1.91 meters, which exceeds the general width of the sidewalk. Therefore, special motor vehicle lanes need to be set up to allow these vehicles to pass."

"The fourth piece of evidence is the "Underground Garage Registration Form" and the garage entrance and exit photos." Machiko continued, "The relevant garage registration form shows that there are currently 1,231 cars in the underground garage of Aoba Terrace Apartment. And the garage entrance and exit photos show that there are

The driveway leading to the outside world is also blocked by subway construction. Accordingly, in order for more than a thousand residential cars under the apartment basement to be used normally, the stadium should also be open to access."

Machiko methodically presented the pass documents regarding the need to open lanes on the stadium, "To sum up, the referee can see that whether it is for the maintenance of facilities in the Aoba Terrace apartment involved in the case, or for the use of vehicles in residents' underground garages, the stadium is needed.

The corresponding motor vehicle lane should be opened for traffic. The plaintiff requested that the scope of opening include one motor vehicle lane. This is by no means a huge opening, but is based on the actual needs of the facility operation of the apartment and the entry and exit of residents' vehicles."

In an instant, Machiko had thrown out a total of four pieces of evidence to prove the rationality of opening the lanes.

These four pieces of evidence are interconnected and connected with each other, with strict logic.

It makes people believe it.

Miyagawa sat across from him, listening attentively to the evidence that Machiko presented. His notebook was already filled with Machiko’s opinions on the evidence.

Among them, some of the opinions had actually appeared at the mediation meeting. Although they were expressed in court again today, Miyagawa was also prepared accordingly, and she was confident in refuting Machiko's claims.

"Chief Judge, there is no correlation between the maintenance of property facilities and the opening of motor vehicle lanes." Miyagawa stood up, raised his head and said, "For argumentation on this point, please refer to the Supreme Court's 1956 Minzi Judgment No. 1023

.This case is the precedent of the Supreme Court regarding the right of way to adjacent land. In this precedent, the Supreme Court held that the purpose of the right of way to adjacent land is to meet the needs of access, rather than to maximize the interests of land operations. That is, it cannot be used for the purpose of maximizing the interests of land operations.

The satisfactory use of a certain piece of land imposes access requirements on neighboring lands."

“According to the opinion of the Supreme Court, the opening range of the golf course should also be limited to the traffic needs of Aoba Terrace Apartment. Some of the maintenance projects mentioned by the plaintiff’s attorney just now, such as the replacement of the rockery and the maintenance of the fountain,

None of them have anything to do with the actual needs of residents for access. Whether these projects and facilities are operational or not will not have a significant impact on residents' lives. Whether or not these facilities can be used is a satisfactory use of Aoba Terrace Apartment, not a necessary use. Therefore

, according to the precedent of the Supreme Court, there is no legal basis for requesting the opening of roads for the passage of small vehicles for the maintenance of property projects! Unless the plaintiff’s attorney provides evidence to prove that there is a necessary connection between the property project just mentioned and the passage of residents!”

This chapter is not finished yet, please click on the next page to continue reading the exciting content! Miyagawa then pointed to the second piece of evidence that Machiko just presented, a copy of the "Pest Inspection Results Book", and said: "The so-called pest control form, It is also not related to the scope of open motorways. The defendant's agent is misinterpreting the conclusion of the "Pest Inspection Results Report". Although the inspection report states that the occurrence of insect eggs is due to the shutdown of some property facilities. However, to solve the problem of insect eggs, It does not have to be solved by re-operating the relevant property facilities, it can be solved by disinfecting it with chemicals."

"The plaintiff's attorney has just deliberately confused the difference between the cause of the pest and the solution to the pest, ignored the existence of other solutions, and failed to provide sufficient evidence on the necessity of opening the motorway to control the pest. This should be regarded as a failure to provide evidence."

In an instant, Miyagawa disintegrated the connection between the first two pieces of evidence and the open motorway. Miyagawa seemed to be unsatisfied, his pretty face shook coldly, took a step forward and said:

"Chief referee. Regarding the issue of residents' vehicles in the underground garage. In fact, there are many large shopping malls and hotels around Aoba Terrace Apartments, and there are also large underground parking lots underneath these buildings. We are willing to open the stadium for, for example, a week.

Residents of the community can drive their vehicles out of the underground garage. After driving out, residents can choose to park in the underground garages of the surrounding large shopping malls instead of continuing to park at the Aoba Terrace Apartment."

"Therefore, as for the issue of the opening of the motor vehicle lane, we believe that it is only for the satisfactory use of the apartment facilities and does not fall within the scope of the exercise of the right of way of the adjacent land. As for the issue of residents' vehicles in the garage involved, the defendant Gao Jing can agree to open the stadium for a week

Allowing vehicles to exit the garage rather than allowing it to remain open continuously for a long period of time."

"According to this, the other party's claim to open motor vehicle lanes has not been fully evidenced and has insufficient legal basis, so it should be denied!"
Chapter completed!