The lease contract also stipulates that "The date of approval of the transaction will be considered as the beginning of the lease for all intents and purposes...".
In addition, in the appendix to the special conditions, there is a reference in a number of clauses to "lessee".
- This is also stated in the sale agreement signed between the appellant and the purchaser of an apartment, an eligible person who won the "Buyer's Price" lottery – see, for example, the sale agreement – Buyer's Price Apartment – No. 73175, Building 2, Apartment 17, dated August 12, 2021, which was attached as part of Appendix 15 to Mr. Barak's affidavit on behalf of the Respondent (page 182 of the appendices to the aforementioned affidavit), the preface to which states:
"Whereas, and the company is the owner of the rights in the land, as defined by this term in the preamble to the agreement."
In the preamble to the aforementioned sale agreement, the "transaction" was defined as follows:
"The Company undertakes to build (through a Contractor(s) and sell the Sale to the Purchaser and the Purchaser hereby undertakes to purchase the Sale from the Company under the conditions set forth below in this Agreement, including its appendices attached to this Agreement. "
- Clause 4 of the aforementioned sale agreement deals with "manager's land" and this is its wording (sub-clauses relevant to our matter):
"4.1 Notify the purchaser that the company has entered into a capitalized lease contract with the manager, according to which the company leases the land from the manager, For the purpose of building the house and the additional house(s) (hereinafter: "the Manager" and the "Lease Agreement" respectively).
....
4.3 Inform the Buyer that the lease contract between the Company and the Administration and the contract with the Ministry of Construction (or anyone on its behalf) do not constitute a contract(s) for the benefit of a third party and do not grant him any rights beyond what is expressly stated in this Agreement.