Attached to the partnership's statement of defense is a transcript of a conversation that took place between Yakubov and Moshe Zilberberg, one of the previous owners of the building's first floor.
In the transcript of the conversation, Assaf Yakubov told Moshe Zilberberg: "... At the time, if you remember Moshe, the municipality asked for another warehouse and toilets on the top floor. You allowed us to use [Y.G.] there until you sold the business."
Yakubov's version, that he did not know about the purchase of the first floor of the building by Liel Premium, before the signing of the transaction between the partnership and Sol, is not reliable in court.
From the date of the acquisition by Liel Premium to the date of the transaction signed between the partnership and Sol, about 7 months passed. Yakubov admitted in the transcript of the conversation with the previous owner, Moshe Zilberberg, that the permission given to him to use the bathroom and storage room on the first floor of the building was until Zilberberg Moshe sold the rights on the first floor of the building.
Moreover, after the purchase by Liel Premium on December 15, 2014, Yakubov did not pay Moshe Zilberberg rent for the café's use of the toilets and warehouse on the first floor. Moshe Zilberberg was one of the previous owners of the first floor of the building, and he and his partners sold the rights to Liel Premium. Yakubov also did not pay rent to Liel Premium from December 15, 2014 onwards.
Yakubov testified in his interrogation at p. 883 of the transcript, lines 31-33: "Q. From 15 December 2014 onwards, did you pay rent to someone for the warehouse and services, because on 15 December 2014 he [Moshe Zilberberg, one of the owners of CodeWater who sold the rights to Liel Premium in a tax appeal - Y.G.] he was not the owner... Isn't it his? A. I don't remember if I paid."
Yakubov also testified at p. 889 of the transcript of lines 5-7: S. ... Premium [Liel Premium - Y.G.] agreed [agreed after purchasing the ownership of the first floor - Y.G.] that it would continue to use the warehouse and the bathroom? A. No one forbade us."