In this case, the plaintiff did not meet the burden of proof, and did not present even the first piece of evidence to prove his claim - the plaintiff did not prove that the movables listed by him in the list, and at least some of the movables, did indeed remain in the apartment when the couple separated; The plaintiff did not prove the value of the movables at the time of the separation. The plaintiff replied in his interrogation that the sums detailed in the list he attached represented the cost of the original purchase (p. 20, line 12 of the protégé). If so, even if the plaintiff had proved the existence of the movables, he would have had to prove their value at the time of the separation.
The plaintiff should have attached to the statement of claim photos of the movables from the residential apartment, a contents insurance policy detailing the movables, and a third-party affidavit supporting his version. The plaintiff did nothing to prove the claim.
Second, from the time of the couple's separation until the date of filing the claim, for about 5 years, the plaintiff did not show that he had approached the defendant demanding to receive the movables or their equivalents. As stated above, the plaintiff filed the claim with considerable delay and his conduct indicates that he waived the claim. As stated above, with respect to the loans, the plaintiff stated that he reserves his right to file a claim to charge the defendant half of the loans; On the other hand, with respect to movables (as well as with respect to rent), the plaintiff did not claim any right to the movables, and did not claim that he intended to claim his right to them.
Conclusion:
- In light of all the reasons detailed above, I order the dismissal of the claim in all its components.
- In view of all of the above, and when I reached the conclusion that the claim was unfounded, I found that the plaintiff should be obligated to pay the plaintiff the expenses of this proceeding in the sum of ILS 25,000, which will be paid within 30 days.
- The judgment is permitted to be published by omitting identifying details.
- The secretariat will be able to provide the parties with the case and close the case.
Given today, 10 Iyar 5785, 08 May 2025, in the absence of the parties.