Case No.588, 2020 (Wa) Demand for Removal of Building and Surrender of Land, etc.
Plaintiff: Keiko Ogino
Defendant: APS Co.
To: 1A Section, Kobe District Court, Amagasaki Branch,
2nd Civil Division
To: Mr. Yasushi Miyatake, Judge
Ms. Mayumi Fujii, Clerk:
December 20, 2022
A.P.S. Co., Ltd
Yoko Nakai, Director of the Defendant
Request for Revocation of Judgment and Request for Truthful Judgment.
With respect to the initial case, Yoko Nakai submits the following reasons for revocation.
No.1 Reasons for revocation
1. The plaintiff, in conspiracy with both Ms. Nishihara and Mr. Tokutsu, stole the Land Lease Agreement of the late Miyoko Harada and replaced it with the Land Lease Agreement(A6-1, B15) , which is a obvious forged private document with a seal.
That fact is clear from the defendant’s B110 and Mr. Tokutsu’s memorandum (B107).
The plaintiff dared to file the lawsuit in this court in an attempt to urge the defendant to bankrupt.
2. During this trial, I presented B110 and B107 to prove that the plaintiff’s Land Lease Agreement (A6-1, B15) is a forged private document with a seal.
The Representative Director of the defendant, Yoshimi Nakai (hereinafter referred to as the President of the defendant) became aware of the Representative Director’s registered seal for the first time on September 10, 2014. It was duly Ms.Nishihara who put the Representative Director’s registered seal to the Land Lease Agreement in question.
Therefore, the Land Lease Agreement is forgery of a private document with a seal and is accordingly invalid
No.2 Further validity of the real estate Sales Contract deed (B3) for the land in question.
1. Article 7 of the terms and conditions of the Contract in B3 are stated as follows 「The seller has to remove and erase all burdens on the Land that prevent the Buyer from exercising full title to the Land , such as the revolving mortgage and other security interests」
When the late Nobutaka Harada was worried for health in his last years, the plaintiff used checks in the possession of the defendant for the procedure to delete from the revolving mortgage for the Land in question on June ?, 2008 (Document B in B103).
The characters of “Iino Toki Soku? Jimusho” written on the ear of the check are duly same ones handwritten as ones of the plaintiff.
2. The plaintiff, who clearly remembered the Contract B3 , did not confide it to the late Nobutaka Harada and did not to the President of the defendant, though she had the original one by herself. Further, she did not honestly confide it at all even when the Notarized Will for my late parent was released.
3. Prior to the late Nobutaka Harada’s death, the plaintiff carried out the procedure to erase the revolving mortgage on the land at the defendant’s expense, making the land to be available freely for sale.
On February 8, 2010, the plaintiff’s eldest daughter, Emi called my son, Toshiharu on the phone , saying as follows
“Because APS is going under, my mother (Keiko: Plaintiff) is going to sell the land at Aoki-cho, Nishinomiya City…..”(B30).
This was because the plaintiff conspired with both BEGO and JET to cause the BEGO Incident in order to bankrupt APS, so Emi said “Because APS is going under…”.
At the same time, since the plaintiff was thinking that APS would go bankrupt at earlier date, she was planning to sell the land to any other Company instead of the defendant, and had already completed the procedure to cancel the revolving
mortgage on the land by using the defendant’s check without the defendant’s permission, so Emi told my son, Toshiharu
1. Please cancel this judgement, which induced the plaintiff to commit the crimes of forgery, alteration and false exercise of private documents (Article 161 of the Penal Code).
Because, when I was waiting for the written judgement on the day, the clerk, Ms. Mayumi Fujii said to me in a small voice “I am sorry”.
I can imagine how much she suffered from the pain through the tying of the judgement, because she knew that the judgement was extremely false.
2. It is too bad enough that Your Honor made false and fabricated judgement that made the plaintiff guilty of a crime equivalent to Article 161 of the Penal Code.
I have been quietly observing the change in your attitude.
You are not an evil person at heart, just a person who is susceptible to temptation.
Please, please reverse the ruling immediately and VOID the record of Ryohei Tsukuda’s decision and enforcement (execution).
And, please reassure Ms. Mayumi Fujii, the clerk.
3. “If the defendant’s warehouse at Aoki-cho, Nishinomiya City is taken away, and if the permissions for medical device manufacturing and licenses for repair business are deprived, how can we make living?” In reply, you said “The defendant can receive livelihood social security (welfare)”.
These words, which deprived the life of defendant of a serious and righteous person, are still hurting my heart.
I pray that Your Honor is requested to shed tears of regret for having justified the forged Land Lease Agreement and defending the plaintiff, and also for having ignored all the correct evidences against the plaintiff.
No.4 Truth-in-adjudication request
Please see the attached Exhibits.
This is a sketch I made of the plaintiff’s eldest daughter, Emi,
in her childhood innocence. It is my love for Emi.
I pray that the plaintiff, as the mother, is requested to confide the truth of this case to Emi.
Please issue a public and correct judgement for damages for me, who have been praying to intercede for 44 years since the plaintiff got married at the age of 25.
No.5 Main Claim for text of Truthful Judgement
1. Compensation for damages for expropriation of the building in question at 63-1 Aoki-cho, Nishinomiya City, Hyogo Prefecture
20,000,000 yen plus 10% consumption tax 2,000,000 yen
Total 22,000,000 yen
2. Compensation for damages for surrender of the land in question at 63-1, Aoki-cho, Nishinomiya City, Hyogo Prefecture
200,900,000 yen plus 10% consumption tax 20,090,000 yen
Total 220,990,000 yen
3. Compensation for damages as stated in No.2-5 of the written report in December 23, 2021
291, 805, 286 yen and 10% consumption tax 29,180,528 yen
Total 320,985,814 yen
4. Correction of false registration of defendant’s corporate history matters
(1) Correction of the registration of the date of transfer of the President of the defendant’s address as per the certificate of residence of the President of the defendant and me owned by the plaintiff.
(2) Correction of the date of resignation of the late Miyoko Harada as a corporate auditor to the correct year, date, and time of registration.
5. Return of valuables that cannot be redeemed
(1) Family tree of the late Miyoko Harada
(2) University degree certificate of the President of the defendant
6. Return of stock certificate of APS Co.