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Civil Case (Tel Aviv) 13203-10-16 Sol.E Investments & Entrepreneurship Group Ltd. v. Landau Reznieli Cafe Chain - part 28

January 7, 2025
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Sixth, it was not proven that Attias was a broker; and Adv. Amjad - even if we had determined that he represented Saul in the employment agreements, they would have been aware at the time of the transaction that the partnership had a lease agreement with Moshe Zilberberg in relation to the warehouse and services on the first floor of the building or that the café made use of the warehouse and toilets on the first floor of the building. 

The lease agreement presented to Atias and Adv. Amjad was a lease agreement of the partnership with Sabra Properties Ltd., in relation to the area of the café on the ground floor only, and not in relation to the first floor of the building.

Adv. Amjad testified in this regard: "Q.  Do you know about the issue of the toilets and the warehouse on the second floor [on the first floor of the building - Y.G.] if there was a lease agreement? A.  ...  I learned about this subject...  The letter of claim.  I never knew about them" [p.  754 of the transcript, lines 19-22]; "I didn't know about this whole issue of toilets" [p.  747 of the transcript, line 13]; "Q.  At the time of signing the agreement, you knew about the warehouse...  Didn't you know about the toilet [on the first floor of the building - Y.G.]? A.  No [I didn't know - Y.G.]."

Atias testified in his interrogation: "Q.  But were there other toilets on the second floor? A.  I didn't know it at the time.  I only knew this from the prosecution" [p.  785 of the transcript, lines 32-33].

These testimonies fit in with the fact that there is no mention in the three agreements, prepared by Adv. Amjad as the partnership's attorney, for the warehouse and services on the first floor of the building - the agreements signed by the partnership and Sol. 

Seventh, prior to the signing of the transaction on July 6, 2015, the partnership's representatives presented Sol with a business license to manage a café issued by the Herzliya Municipality, and its validity was until December 31, 2016, i.e., about a year and a half after the date of signing the transaction [see Exhibit N/2]. 

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