Caselaw

Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 36

November 16, 2025
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Plaintiff No.  5, Avishai Junger, also claimed in his affidavit, "I admit that the demand not to record the full amount in the contract was very distressing to me (in the understatement).  I will note that the previous demand for a cash transaction seemed strange to me.  However, it was only at the time of the meeting that it was made clear to me that the amount to be recorded in the contract was only ILS 30,000.  I was a little shocked, because this is a very significant reduction from the actual purchase amount and I am not used to such work methods, but I did not want to blow up the deal a few minutes before the signing ceremony" (paragraph 10 of his affidavit).  Junger also added that the plaintiffs did not want to report to the tax authorities a transaction that was not in accordance with the actual amount paid, "but we really wanted the transaction because we believed that there would be a settlement..." (ibid., section 11; See also paragraph 8 of the affidavit of Mr. Benya Sidon; Paragraph 3 of the affidavit of Ms. Carmit Shimoni Cohen; Paragraph 9 of the affidavit of Mr. Elia Shimoni Cohen).

If so, the plaintiffs claimed that they were surprised by the demand to record sums significantly lower in the contracts than the sums they had actually paid, and that the matter bothered and greatly distressed them.  Despite this, "we very much wanted the deal," as Junger said, and "we wanted to carry out the deal," as claimed by Ariel Cohen.  For this reason, the plaintiffs nevertheless decided to carry out the transactions illegally.  They were also not overly bothered by false reports to the tax authorities, when it should be mentioned in this context that two of these plaintiffs are lawyers.

Third, the plaintiffs were represented as aforesaid by moving the venue of a concealed hearing and signing the contracts in his office.  However, none of them informed Mualem of the transfer of the venue because they had just been informed that the amounts to be recorded in the contracts did not match the sums they were required to pay.  Plaintiff No.  4, who was transferred to Cohen's hearing place, testified in this context that the requirement to register a low sum in the contracts arose "at the time of signing the contract" (paragraph 9 of his affidavit).  The plaintiffs therefore conquered their sudden astonishment, while they were in the office of the transfer of the place of the hearing of the concealed hearing, even though the demand was very distressing to them, as defined by the transfer of the place of the Junger hearing.  In this context, Mualem claimed in his interrogation, "My clients are deceiving them and they are silent all along.  My customers don't tell me the truth about how much they purchase" (p.  2532, paras.  14-16).  Counsel for the plaintiffs also admitted that none of the plaintiffs told Mualem that the sums in the contracts differed from the sums they were actually required to pay, since according to him, "it is true that they are honest and honest people" (ibid., p.  2543, s.  24; Ibid., p.  2544, paras.  10-13).

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