12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)"Between Itzik Teshuva
and the Buchritz Group through Shlomi Buchritz
It was agreed with Itzik Tshuva and Shlomi Buchhritz as follows:
- The Buchritz Group's expenses will be reimbursed from the bank accompaniment.
- The entire Complex D will be transferred to Itzik's authority and responsibility.
- In return, Itzik will transfer to the Buchritz Group 3 apartments in any case, 6 apartments subject to the approval of 136 units.
- Pinchas Buchritz will assist in approving the zoning plan in the district committee.
A detailed agreement will be drawn up between the parties."
The exact scope of the interpretation of the 2015 agreement was not clarified in the proceeding, but it is clear that insofar as it is a binding agreement, it substantially changes the agreements included in the framework of the 2008 agreement. Thus, according to the 2015 agreement, Kibbutz Buchritz is supposed to receive back the money it invested, as well as a number of apartments (three or six), and in return to relinquish its rights in the project (and at least some of them). Although only Shalom is a signatory to the agreement, Yosef apparently does not dispute that the signing was also done on his own accord and that it may, in principle, bind Kibbutz Buchritz (see his testimony at pp. 8-9 of the minutes of February 17, 2025). However, according to him, the document was not perfected into a valid contract.
- Since the signing of the 2008 agreement, and at least until recently, no construction work has been carried out in the development complexes. There is a dispute between the parties as to the cause of this, as well as the question of whether actions were taken during this period for the purpose of promoting the projects or whether they were abandoned.
On April 30, 2025, agreements were signed between Tshuva (through defendant 3) and defendant 4, which were intended to promote the execution of the projects in the development complexes by the two companies. As part of these agreements, and for the purpose of executing the projects, defendants 5-6 were established, with a holding of 51% for Tshuva and 49% for defendant 4. There is no dispute that these agreements are inconsistent with the outline set out in the framework of the 2008 agreement.