In a court ruling in which the university asked students living in the Yoshida Dormitory, an old building built over 100 years ago, to vacate Kyoto University's student dormitory, the Kyoto District Court rejected part of the university's lawsuit and granted 14 cases. Continuation of occupancy was approved.
Since 2019, five years ago, the university has ordered 40 dormitory residents to vacate the Yoshida Dormitory building, which was built in 1913 and is aging and at risk of collapsing in an earthquake. I have filed a lawsuit asking for this.
In previous court cases, the university had argued that the contract to live in the dormitory could be canceled due to the risk of collapse and the provision of alternative housing.
In the ruling on the 16th, Kyoto District Court Chief Judge Shohei Matsuyama said, ``It has been confirmed between the university and the residents' association that the dormitory will be managed by the dormitory's residents' association, and that the dormitory residents will be managed autonomously. They found meaning in their stay in the dormitory, and the contract cannot be terminated by providing them with alternative accommodation.''
He then pointed out, ``There is a dormitory contract with the 14 dormitory residents, and there is no provision in the university regulations that allows them to be asked to leave due to deterioration.'' The court ruled that 14 of the 17 people living there do not have to surrender.
On the other hand,
three people who entered the dormitory after December 2017, when the university requested a suspension of new admissions, and
23 people who are not currently students but whose departures have not been confirmed have been ordered to vacate the dormitory.
Resident student: ``I'm surprised by the happy verdict.''
Following the ruling, the students and their representatives held a press conference in Kyoto.
One of the defendants, Chisho Matsumura, who still lives in the dormitory, said, ``I am surprised at this unexpected and happy verdict.'' I think it's very important that it has been recognized that this should not be done."
Ayumi Takahashi, one of the defendants who still lives in the dormitory, said, ``Continuing the trial for five years was tough on us as students. I would like to see a form in which decisions are made about how things should be."
Lawyer Motohiko Morita, who represented the defendants, said, ``The ruling confirms the legal status of the dormitory community association and confirms the association's claims on an equal footing, including recognition that it is an organization that contracts with the university on an equal basis. I think they have given me some recognition," he said.
An appeal will be considered for the three people who were ordered to surrender.
Kyoto University “Confirming the details of the judgment”
Kyoto University said, ``We are currently reviewing the details of the ruling and will refrain from commenting.''