The reading of the civil complaint was like lighting the fuse of a cannon, with a sudden boom, marking the formal confrontation between the two sides. At this time, at 10 o'clock in the morning, white-collar workers with hurried faces because they were late could still be seen on the street, and some housewives were sitting

At the corner of the park, some people were sitting in a roadside coffee shop. They exchanged words with each other, and the sky in Tokyo was cloudless, clear and pleasant.

However, on such a beautiful morning, a fight over the right of way to neighboring land will begin. On the surface, it is a dispute over the right of way of Aoba Terrace Apartments, but in fact, behind it is the ambitious land grabbing plan of the General Hotel.

On the other side is the last training ground that the deaf-mute goal team relies on.

These two groups of people who were originally destined not to intersect, at this time, their destinies are intertwined because of a piece of land.

After Judge Eda listened to the indictment read out by Machiko, he quickly flipped through the files on the trial bench and read the text quickly with his eyes, as if he was familiar with the content of the case. Then he raised his head and said: "What is the defense of the defendant?

"

Machiko sat back on her seat, looked at the dock, and raised her pen. Although she looked serious on the outside, in her heart, she did not think that the other party could put forward valuable arguments in defense.

Although the other party has not submitted a statement of defense, it is estimated that a defense raid will be carried out. However, the current subway construction has indeed blocked basically all the normal entrances and exits of Aoba Terrace Apartment. It is very difficult to confirm that Aoba Terrace Apartment does not have adjacent land rights of way.

big.

It is estimated that the opponent's defense will mainly focus on how many stadiums and areas should be opened and how much compensation should be paid.

As for these two points, she has made extremely sufficient preparations. Machiko looked at the dazzling array of materials on the table. Although litigation is different from the negotiation that she is good at, if the focus of this lawsuit is on these two points,

The specific process of confrontation is actually not much different from negotiation, and this is what I am best at.

Miyagawa Saeko!

I was defeated at the mediation meeting last time, and I must get it all back in today's lawsuit! Machiko clenched her fists slightly.

Following the judge’s instructions just now.

Miyagawa stood up from the dock, took a deep breath, and his expression became a little solemn. At this time, there was information on Miyagawa's first defense on the table. All these information were from her.

It is the result of continuous research day and night for several days.

These are the bullets she is going to shoot at the enemy next.

Since Hanada and the others are deaf and mute and cannot come to the court to speak, they have to make their voices heard instead of Hanada and the gateball players.

Miyagawa raised his head, his eyes were firm, and he said unhurriedly: "Chief Judge. According to the provisions of the Civil Code, the person who enjoys the right of access to neighboring land should be the land owner."

A somewhat unusual opening line was spoken.

In an instant, a breeze seemed to surge in the court, causing ripples.

“The Civil Code expressly stipulates that ‘when land cannot be used for normal use due to lack of appropriate connections with highways, the landowner may access the surrounding areas and even the highway, except for cases arising from the landowner’s arbitrary acts’.”

"This article clearly stipulates that the person who exercises the right of passage on adjacent land is the owner of the land."

"The land owned by the defendant Takai is land No. A58013, and the land adjacent to Aoba Terrace Apartment is land No. A58012. According to the provisions of the Civil Code, the owner of land No. A58012 who really enjoys the right of way to the adjacent land to the defendant Takai should be

Based on the information collected by the defendant’s attorney, the owner of Qingye Terrace Apartment is not the owner of land No. A58012. Therefore, the owners’ committee is not qualified to claim the right of way.”

As Miyagawa's words fell, it was like pebbles hitting the calm lake, and the ripples turned into waves.

When Judge Eda heard this defense, he was stunned for a moment, and then raised his head and asked: "Defendant's attorney, what do you mean when you say that the owner of Aoba Terrace Apartment is not the owner of land No. A58012? Are they not the land involved in the case?

The owner? Please explain in detail.”

The moment she heard this defense, Machiko raised her head sharply, and she also had a dumbfounded expression on her face as did the judge. The opening remarks of the opponent's defense... seemed... seemed to be different from what she had thought.

Miyagawa picked up a stack of paper from the table, walked to the middle of the court, and gave it to the clerk. Kyoko handed it to the chief referee and the plaintiff's lawyer. However, he saw that the papers were printed with colorful fonts and patterns. On the left was a building.

The majestic appearance of a luxury high-rise apartment - judging from the appearance, it is obviously the Aoba Terrace Apartment, and on the right are some promotional materials for the real estate. Among a bunch of dense text, eight large characters are particularly eye-catching and dazzling.

: "Hold in trust, safe and worry-free."

Miyagawa raised his head and said: "Chief Judge. The Aoba Terrace Apartment involved in the case is a famous luxury high-rise apartment in Shinjuku District. The buyers of its buildings are mainly wealthy entrepreneurs. However, there is often a problem when business owners purchase real estate.

In commercial transactions, the boss will often guarantee the operation of the company. Once the company does not perform well and turns from profit to loss, the boss's personal property will not escape the fate of execution under the huge debt."

"Therefore, in order to attract home buyers, the original real estate developer of Aoba Terrace Apartments came up with a slogan - to hold the property and land property rights of the apartment involved in the case in a trust, rather than directly holding the apartment buildings and land by the owners, to protect the owners.

asset security.”

【Trust Property】

[The so-called trust property is a special form of property established by the trustor handing over his property to the trustee, especially the trustee for management. The biggest difference of this special property is that it is not covered by the court's enforcement measures. For example, you

Hand over 50 million yuan to a trust management company to establish a trust. The 50 million yuan will become independent property. In the future, whether the individual is insolvent or the trust management company is insolvent, the creditors of both parties will not be able to get a share of the trust property.

Yihao. The court’s enforcement of debts will not involve trust property]

This chapter is not finished yet, please click on the next page to continue reading the exciting content! Miyagawa pulled out the small whiteboard behind him, then put several pieces of A4 paper on it with magnetic suction, turned around and said: "Chief referee. Involved in the case

The transaction model of Aoba Terrace Apartment is as shown in the figure.”

"The first step is for the owner to pay money to purchase the house and obtain ownership of the property."

“The second step is for the real estate company to arrange a special intermediary to establish an exclusive trust company in the Cayman Islands.”

"The third step is for the owner to sign a trust agreement with the Cayman Islands, hand over the purchased property to the Cayman company for management, and establish a real estate trust."

"After the three steps are completed, the property in Aoba Terrace Apartment finally becomes the owner's trust property, rather than the property directly held in the owner's name." Miyagawa looked at the information in his hand, then raised his head to look at the judge, "According to the information we collected

.At present, Qingye Terrace Apartment is a trust property established by Qingye Green Real Estate Trust Management Co., Ltd., which belongs to the Cayman Islands."

"President! Please ask the court to consider the floating nature of trust property."

[The floating property of trust property]

[The so-called floating attribute of trust property means that its ownership belongs to neither the trustee nor the trustor, like a floating ghost, but it is not ownerless property. Since trust property is different from the ownership theory of traditional property law,

Since its birth, it has been a major focus of debate in the legal community]

Miyagawa raised his voice and said: "Based on the floating nature of trust property. The Aoba Terrace apartment involved in the case has become a trust property. It does not belong to the client, that is, the property of the owner, nor to the trustee - Aoye Terrace in the Cayman Islands.

Green Real Estate Trust Co., Ltd. Based on the principle of trust, the owners of Qingye Terrace Apartments should not be recognized as the owners of the land involved in the case."

"According to the Civil Code, only landowners can enjoy the right of access to neighboring land! The current owner of Aoba Terrace Apartment has established a trust for the property in his name, and his ownership no longer exists. Accordingly, he no longer has the right to request the right of access to neighboring land.

Qualifications."
Chapter completed!