After they saw that it was good, about two and a half weeks later, on August 28, 2011, plaintiff No. 7, Ms. Carmit Shimoni Cohen, and her partner, Mr. Elia Shimoni, arrived at the office of the attorney for the transfer of the place of hearing in Mualem, equipped with the full consideration in cash. Mrs. Shimoni Cohen signed a contract for the purchase of 600 square meters in Block 368, Plot 59, and transferred to Mr. Dahari ILS 120,000 in cash. Mr. Dahari clarified to Ms. Shimoni Cohen that the seller is demanding that a lower sum of only ILS 21,000 be recorded in the contract. Like the rest of her colleagues plaintiffs 3-6, Ms. Shimoni Cohen also agreed to this.
Plaintiffs 7-3 never met the transfer of the Goren hearing place. In any event, after signing the contracts, they were given receipts produced by him, in which the sums written in the contracts were detailed, as opposed to the amounts actually paid.
It was argued that the transfer of the Goren hearing place and the transfer of the Mualem hearing place were used by plaintiffs 3-7 (paragraph 14 of the claim). Goren drafted the agreement, handled the report to the tax authorities, and worked to register the plots in the plaintiffs' names. Mualem told the plaintiffs that he would handle the legal matters of the transaction together with the transfer of the familiar Goren hearing venue. It was argued that to the best of their knowledge, after the signing of the contracts, the plaintiffs paid for the transfer of the Goren hearing place "the payment of attorney's fees for the representation in the transaction" (ibid., paragraph 14), apart from the sums they paid him for the purchase of the land plots (see also what is stated in paragraph 6 of the reply submitted by the plaintiffs).
Common Causes of Action
On the basis of all of the above, all the plaintiffs claimed that in their manner of conduct, the defendants acted in bad faith and deception by concealing from them the provision of clause 15 of the lease contract, i.e., the right of the manager to carry out the restitution of the land in the event that the designation of the land plots is changed.