Caselaw

Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 85

November 16, 2025
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As to the reason for which she decided to purchase the land, Ms. Shimoni Cohen claimed that this was rooted in the two documents signed by the Deputy Mayor, which were presented to her spouse by Mr. Dahari, as well as in the fact that the rest of their friends also purchased similar plots (ibid., at p.  1338, paras.  1-10).  According to her, she has no complaint with respect to Mr. Dahari, since he was also not aware of the nature of the documents (ibid., p.  1339, s.  17; ibid., p.  1342, s.  19-24).  With regard to the transfer of the place of hearing, Ms. Shimoni Cohen admitted that she did not claim that he knew that a lower sum was recorded in the contract than that which they actually paid, and in fact her main argument is that he did not explain to them that it was leased land from the Administration, including in the matter of clause 15 of the contract (ibid., at p.  1394, paras.  6-7).  However, in this context as well, Ms. Shimoni Cohen testified, "Elia did not know (about section 15 - my addendum), and even if he knew, either he did not believe it or really, as they say, he was reassured.  I don't think he believed it was going to happen..." (ibid., p.  1386, paras.  10-13).  In other words.  Mrs. Shimoni Cohen did not rule out that her partner, Elia Shimoni, knew about section 15, noting that it is possible that he knew but "did not believe it" or that "he was reassured."

In Mr. Elia Shimoni's affidavit, he reiterated his friends' version regarding the factual development, including the fact that he knew that the sum was supposed to be paid in full in cash, and that before signing the contracts, Mr. Dahari told the plaintiffs that the amount to be recorded in the contracts would be less than the amount that would actually be paid.  According to him, after signing the contract at the office of the transferee of the place of the hearing place, they put all the sums in a "large gray bag" (paragraph 12 of his affidavit), returned to Mr. Dahari's office, and afterwards he and Mr. Dahari went out to meet the transfer of the Goren hearing place, while the rest of the plaintiffs were watching "from a distance" (ibid., paragraph 13), and the money was given to the transfer of the Goren hearing place.

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