First, Eli Landau, Yakubov's partner in the Rothschild Café Partnership, and who participated together with Yakubov in the negotiations with Saul, testified in his interrogation on page 864, lines 1-4:
"That we sold the business to Saul, we actually sold all the rights we have there, we sold it to him. As far as we were concerned, some of the rights [that were sold] were the right to use the services above, which we actually used on a daily basis... Q. Why is it not specified in the agreement [in the sale agreement - Y.G.] the services above? A. I don't know."
The partnership argued in section 87A. In her statement of defense: "The sale of the property on the top floor, in a manner that does not allow continued use of the restroom and the warehouse, took place after the signing of the sale agreement and the concession agreement between the parties."
It was proven that as of the date of the transaction with Sol, the partnership did not have the right to use the services and the warehouse on the first floor, and therefore the version that they sold to Sol also the right to use the services and the warehouse on the first floor was concealed.
It was proven that the sale of the first floor of the building by Moshe Zilberberg and his partners to Liel Premium was carried out about 7 months before the signing of the agreements between the partnership and Sol.
Without the right to use the toilet and the warehouse on the first floor above the café, it would not have been possible to issue a business license for the café, and Sol would not have entered into the transaction.
Second, the sale contract signed between Moshe Zilberberg, Shimon Alpha, and Yitzhak Isakov and Liel Premium was presented to the court in a tax appeal [Exhibit P/13.4]. The sale contract was attached as an appendix to the lease contract signed by the Maccabi Foundation with Liel Premium Ltd.
On December 15, 2014, the sale contract was signed, and the delivery date was set no later than March 7, 2015 [see Exhibit P/13.4]. According to the sale contract, Liel Premium acquired the ownership on the first floor above the café in a tax appeal.