Civil Case (Tel Aviv) 11540-04-23 Uri Greenbaum v. Moshe Sherman

Plaintiffs’ counsel:       Adv. Ilya Bar

Counsel for defendant 1:        Adv. Avidan Arbiv

Defendant 2:   Did not file a statement of defense

Judgment

Part One - The Matter of the Proceeding; the remedies claimed; The Outcome of the Procedure

1. The Matter of the Proceeding
   • The matter of the proceeding is a monetary claim in the sum of ILS 2,099,133 for agreed compensation and additional damages filed by apartment buyers in the city of Tel Aviv-Yafo against the sellers of the apartment, who were spouses in the past. The apartment was purchased as a second-hand apartment in accordance with an agreement dated April 12, 2021, with the agreed consideration set at ILS 10,000,000 (ten million).  The plaintiffs had already paid a sum of ILS 8,000 (eight million) - but due to a dispute between the defendants, and proceedings between them in the Family Court, defendant 2 announced the cancellation of the agreement.
   • To conclude, it should be said that the plaintiffs initially filed a statement of claim in which they petitioned for compensation in the sum of ILS 1,635,299. Subsequently, the plaintiffs asked to amend the statement of claim and their request was denied.  The plaintiffs filed a motion for leave to appeal the rejection of the motion to amend the statement of claim.  The request for leave to appeal was granted and the appeal itself was accepted (see Civil Appeals Authority 17113-11-23, Greenbaum et al.    Sherman et al.  (of February 29, 2024, Sgt.  Justice Avigail Cohen).  Hence, about a year after the lawsuit was filed, and on March 19, 2024, an amended statement of claim was filed, in respect of which the judgment is now issued.
   • At the end of the day, possession of the apartment was handed over to the plaintiffs, after about two years of legal proceedings, an eviction order and execution proceedings. In order to obtain possession of the apartment - the balance of the consideration in the sum of ILS 2,000,0000 was deposited in the court's coffers as part of a proceeding that was conducted prior to the lawsuit here.
   • Previous proceedings taken by the plaintiffs - this is not the first proceeding between the parties. Thus, already in September 2022, the plaintiffs applied to the District Court for declaratory relief according to which they were the owners of the apartment; In addition, the plaintiffs took a proceeding to evict defendant 2 from the apartment (civil case 48659-09-22).
   • Defendant 2 did not file a statement of defense and did not take part in the proceeding - the judgment is given now, after only defendant 1 filed a statement of defense and conducted the proceeding. Defendant 2 did not file a statement of defense, and the plaintiffs did petition for a judgment against it.  In a decision dated December 4, 2024, I determined that the judgment in relation to the two defendants would be rendered together.
2. The Ten Financial Remedies Appearing in the Amended Statement of Claim

The plaintiffs petitioned, as aforesaid, for payment of the sum of ILS 2,099,133 in respect of the following:

• Compensation for loss of return (paragraph 36 of the amended statement of claim, this amount is not

Finally included in the summary of the claims remedies) -                                                                                          499,200 ₪

• Agreed compensation in accordance with Section 10A of the Agreement -             1,000,000 ₪
• The Ottoman Settlement [Old Version] 1916 Rent (Section 42.3 of the amended statement of claim) - 244,500 ₪

12-34-56-78 Chekhov v.  State of Israel, P.D.  51 (2)

• Legal Expenses (Sections 42.4 to 42.7 of the amended statement of claim) - 153,945 ₪
• Repair expenses (Section 42.9 of the amended statement of claim) - 250,000 ₪
• Evacuation expenses (Section 42.11 of the amended statement of claim) -          44,460 ₪
• Expenses of restoring the property to its former state (Section 42.12 of the amended statement of claim) - 354,568 ₪
• System Utilization Expenses Stardome (Section 42.13 of the amended statement of claim) - 51,480 ₪
• Repayment of a debt to the municipality (Section 42.14 of the amended statement of claim) -                      13,599 ₪
• Debt for unpaid betterment tax balance (Section 42.15 of the amended statement of claim) - 4,265 ₪

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