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Open Secret - Sequel Trial that fell into Trap - Series 3 (Unveiling the Hidden Mystery of Japan's Best Hiba Forest) |
Japanese |
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113.ヒバ林物語− その後 2025/4/18 112.ヒバ林物語− 第2部 その11: 係争が守った 日本一のヒバの森 第2部 その12: 下北半島・佐井村・牛滝 2025/4/15 111.ヒバ林物語− 第2部 その9: 平成の巌窟王 第2部 その10: 今頃になって分かった 明治の分筆の真相 2025/4/14 110.ヒバ林物語− 第2部 その7: 林班制度 第2部 その8: 全てを語る牛滝の字界図 2025/4/14 109.ヒバ林物語− 第2部 その6: 明治の図面に 昭和の測量技術 2025/4/11 108.ヒバ林物語− 第2部 その5: 土地台帳付属地図の欠陥? 2025/4/11 107.ヒバ林物語− 第2部 その4: 後戻りできない裁判へ 2025/4/10 106.ヒバ林物語− 第2部 その3: 所有権をめぐる 投資家と林野庁の対立 2025/4/9 105.トランプ関税 2025/4/8 104.ヒバ林物語− 第2部 その2: 間違われた移転登記の その後 2025/4/7 103.ヒバ林物語− 第2部 その1: 昭和の疑惑の移転登記と 明治の不可解な分筆登記 2025/4/4 102.ヒバ林物語− 第1部(ヒバについて) 2025/4/2 101.ヒバ林物語 (係争が守った日本一の ヒバの森) 2025/4/1 100.交通事故における 疑わしきは罰せず 2025/3/24 99.疑わしきは罰せず 2025/3/19 98.公然の秘密―続編 罠にはまった裁判―補筆 (日本一のヒバ林の 隠された謎に迫る) 2025/3/17 97.人命の価格 2025/2/10 96.さらに公然の秘密(自慢話) 2025/2/4 95.チンドン屋さん―その2 2025/1/29 94.第三者委員会という儀式 2025/1/23 93.チンドン屋さん 2025/1/22 92.人手不足 2025/1/8 91.もう一つの公然の秘密 2024/12/5 90.ヒバ林の会 2024/12/2 89.わけの分からぬ 家族信託―その2 2024/9/27 88.公然の秘密―続編 罠にはまった裁判―連載14 (日本一のヒバ林の 隠された謎に迫る) 2024/9/3 87.公然の秘密―続編 罠にはまった裁判―連載13 (日本一のヒバ林の 隠された謎に迫る) 2024/9/3 86.公然の秘密―続編 罠にはまった裁判―連載12 (日本一のヒバ林の 隠された謎に迫る) 2024/9/2 85.公然の秘密―続編 罠にはまった裁判―連載11 (日本一のヒバ林の 隠された謎に迫る) 2024/8/22 84.公然の秘密―続編 罠にはまった裁判―連載10 (日本一のヒバ林の 隠された謎に迫る) 2024/8/9 83.公然の秘密―続編 罠にはまった裁判―連載9 (日本一のヒバ林の 隠された謎に迫る) 2024/8/5 82.公然の秘密―続編 罠にはまった裁判―連載8 (日本一のヒバ林の 隠された謎に迫る) 2024/7/26 81.公然の秘密―続編 罠にはまった裁判―連載7 (日本一のヒバ林の 隠された謎に迫る) 2024/7/22 80.公然の秘密―続編 罠にはまった裁判―連載6 (日本一のヒバ林の 隠された謎に迫る) 2024/7/16 79.公然の秘密―続編 罠にはまった裁判―連載5 (日本一のヒバ林の 隠された謎に迫る) 2024/7/3 78.公然の秘密―続編 罠にはまった裁判―連載4 (日本一のヒバ林の 隠された謎に迫る) 2024/6/18 77.Open Secret - Sequel Trial that fell into Trap - Series 3 (Unveiling the Hidden Mystery of Japan's Best Hiba Forest) 6/5/2024 76.和をもって貴しとせず ーその2 2024/6/3 75.Open Secret - Sequel Trial that fell into Trap - Series 2 (Unveiling the Hidden Mystery of Japan's Best Hiba Forest) 5/24/2024 74.An Open Secret-Sequel Trial that fell into Trap-Part 1 (Unveiling the Hidden Mysteries of Japan's Best Hiba Forest) 5/14/2024 73.スポーツ賭博 2024/3/22 72.Open Secret (The Phantom Japan's Best Hiba Forest) 1/12/2024 71.公職選挙法違反 2023/1/25 70.悪い奴ほどよく眠る 2021/5/27 69.和を以て貴しとせず 2021/3/16 68.神々の葛藤 2021/3/1 67.パチンコ店が宗教施設に 2021/2/12 66.日米の裁判の差 2021/1/22 65.ネットでの中傷 2020/10/23 64.素人と専門家 2020/7/29 63.税金の垂れ流し 2018/2/26 62.区分所有建物の 固定資産税 2017/7/28 61.わけの分からぬ家族信託 2017/3/8 60.呆れるしかない広島訪問 2016/5/31 59.さらば民主党 2016/3/28 58.越後湯沢の惨状 2016/3/7 57.権威を疑う 2016/1/25 56.年間200億円 2015/12/15 55.小仏トンネル 2015/8/6 54.18歳で選挙権 2015/4/20 |
Before diving into the main topic, allow me to briefly extol the virtues of the Hiba tree. Until recently, my knowledge of Hiba was limited to its name, and I vaguely considered it a lesser cousin or second-rate version of the Hinoki cypress. I suspect many people feel the same, given the overwhelming name recognition of Kiso Hinoki and Akita Sugi. Despite being one of Japan's three great forests, Aomori Hiba has long been undervalued. Although I am not well-versed in this area, I have always felt that its market price is unjustly lower compared to the other two. However, through this investigation, I discovered that the Hiba tree is an extraordinarily superior species. Although it grows extremely slowly, it is incredibly durable, resistant to water, fire, and pests, and can last for centuries as a building material with minimal maintenance. In fact, I believe that the value of Hiba was more accurately recognized and cherished during the Edo period. The Konjikid? at Hiraizumi, made almost entirely of Hiba, maintained its splendid appearance for nearly 900 years until it underwent a major renovation in the Showa era. More recently, the birth house of Osamu Dazai, which he took great pride in, is also well-known. Personally, I think Hiba would be the perfect material for the much-discussed wooden skyscrapers (though as a complete amateur, I do worry about its resistance to direct sunlight). Despite the current calls to promote wood utilization and the term "Wood Change Network" becoming popular, it seems strange that the word "Hiba" rarely appears in the media. This might be because its production area is almost entirely limited to Aomori Prefecture, and it has been treated like an endangered species due to past overharvesting. Or perhaps the existence of this "phantom Hiba forest" has something to do with it. It is regrettable to hear that such a wonderful wood has been used extensively for railway sleepers. Given the current situation of the Hiba forest, I am genuinely considering advocating for the resurgence and reevaluation of Hiba, a species that Aomori and Japan should be proud of. While the legal aspects of this matter are of grave importance to those involved, shining a proper spotlight on this Hiba forest is a significant social issue. If I ever have the chance to rebuild my house, as a newfound Hiba enthusiast, I would definitely want to use Hiba wood. I apologize for the lengthy digression. Let's proceed to the main topic. The Mystery of Partitioning of Plot 130 in Meiji 27 I have a color photograph (Appendix 2) that appears to be an aerial shot of part of the Hiba forest. While I don’t know who took it or when, it was likely captured by an investor around the late 1970s. The forest is almost entirely covered with the blue leaves of Hiba. Experts can immediately recognize this as a photo of an exceptionally fine Hiba forest. Although I lack the knowledge to make such a judgment, this extensive Hiba forest on a steep slope raises questions about the rationale behind dividing it straight down the middle. How could one even consider splitting such a mountainous area into two straight lines? This perplexing thought leads to a significant curiosity about the mysterious partitioning that occurred during the Meiji era, which I will explain below. This land partitioning carries enough importance to foresee future disputes, and it is necessary to outline the overall picture and the intention behind this writing to aid readers' understanding. To summarize, from the 1960s onward, numerous lawsuits were fought over the ownership of this Hiba forest between the Forestry Agency, which claimed it was national forest, and investors who asserted it was originally privately owned by the Sakai family. The Forestry Agency won these lawsuits with the odd argument that Plot 130 was not the Hiba forest in question but rather a 10,000 tsubo area about 2 kilometers northwest, commonly known as "Dounoue." Consequently, the Hiba forest effectively left the Sakai family's hands and is now treated as national forest. This book aims to reveal that these lawsuits were based on complete misunderstandings. While some might think we should just retry the cases, it's not that simple. The civil courts are not necessarily placed to uncover the truth but rather to obscure it. Therefore, I chose to appeal through this public article to seek the judgment of society. The objectives are twofold: to clarify the true nature of the matter and to introduce the hidden, magnificent Hiba forest to the world. Again, I apologize for another brief digression, but for those interested in the fatal flaws of the Japanese judicial system, please search "Harmony Is Not to Be Treasured ? Part 2" online. This addresses the current deficiencies of our courts. It's hard to believe that a major error involving the government could occur in a trial, but this seemingly impossible mistake did happen in this case. Please bear with me until the end. Now, let's delve into the mysterious story of the partitioning. In Meiji 27, Genpachi the 17th, for reasons unknown, had the Hiba forest surveyed and divided it into two plots: 130-1 and 130-2. Despite basing this partition on the survey, the registered area was significantly smaller than the actual size, listing Plot 130-1 as about 1 ch? and Plot 130-2 as slightly over 2 ch? (totaling about 10,000 tsubo). This puzzling discrepancy between the registered and actual areas has been a major mystery to me from the start. It is much larger than the original 1 tan 6 sebu 2 bu, but far smaller than the actual mountain area. This incongruity caused me much frustration until two years ago when I finally obtained a document that seemed to show the actual survey measurements from the partition. Found in a box of materials kept by Mr. Sakai at his home, it revealed that the registered area was calculated based on one-tenth of the actual survey distances. Therefore, if the survey was accurate, the actual area would be 100 times the registered area (about 1 million tsubo). However, as I will touch on later, it became known that the survey's crudeness led to significant errors. This discrepancy between the registered and actual areas likely stems from a fear of rising taxes. However, Genpachi the 17th submitted the actual survey map, showing the true distances, to the village office, which used it to create a map indicating the location and size of the Hiba forest (Document 4, "Map of Ushitaki Kawame"). This map shows that the Hiba forest is a vast east-facing slope bordered on the north by an old road from the Ushitaki settlement to Nodai, on the east by Ishiyamazawa, and on the west and south by mountain peaks. The tax office and registry office received a report with the reduced distances, while the village office got the accurate map. This fact is undeniable as the measurements on the partition survey map attached to the registration application match exactly one-tenth of those on Document 4, and the shapes are identical (Document 5, "Partition Application and Attached Survey Map"). To most villagers, including government officials, the Ishiyamazawa Hiba forest had always been owned by the Sakai family, and the registered area was just a facade. However, when I saw the survey map attached to the partition application, I couldn't understand the reasoning behind such a straight-line division. In residential areas or flat land, you might divide property as you like, but it’s challenging to ignore the terrain when dividing steep slopes. Even to someone unfamiliar with the area like me, the partition survey map seemed peculiar. The map of Ushitaki Kawame was undoubtedly created by the village office, based on the survey map from Gennai the 17th during the Meiji 27 partition. The village office added Plots 130-1 and 130-2 to the existing map of Ushitaki Kawame. At a glance, you can see that these plots cover about one-tenth of the entire area, making them significant enough to be highlighted. The west and south borders are labeled "Official Forest Peak," indicating that the plots are surrounded by national forest on the west and south, an old road to the north, and Ishiyamazawa to the east. Although it is labeled "宇志多岐 River" instead of 石山沢(Ishiyamazawa), it clearly refers to Ishiyamazawa. The term "枝川(branch river)" likely indicates a tributary, but the reason for using "宇志多岐" instead of "Ishiyamazawa" remains unclear. Why did Genpachi the 17th go to the trouble and expense of surveying this vast mountain and dividing the Hiba forest into two? And why did he submit the actual survey map to the village office but register a smaller area with the tax and registry offices? This raises significant questions. The best guess is that there was a boundary dispute between the Sakai family and the Forestry Agency over this Hiba forest, and Genpachi the 17th aimed to resolve it by dividing the forest, potentially ceding one part to the Forestry Agency. It seems unlikely that he would incur such costs without intending to settle the dispute. If he planned to sell part of the forest, the registered area should have matched the actual size, suggesting no intention of selling to a private party. Therefore, it appears that Genpachi the 17th intended to resolve the boundary dispute with the Forestry Agency by dividing the forest in a straightforward 1:2 ratio, ignoring the terrain. "I just want to settle this issue with the Forestry Agency. If it clears things up, I'm willing to give up one-third of the Hiba forest." Such a mindset might have driven the partition, leading to a settlement where the forest was divided into the accurate survey areas for village records and the significantly reduced areas for tax purposes. However, the precise reasons behind the strange partitioning remain a mystery. -to be continued- |
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