Eli Landau, Yakubov's partner in the 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."
Without toilets and an additional warehouse - it was not possible to obtain a business license for the café. Without the misleading representation of Yakubov and Landau, who conducted the negotiations between the partnership and Sol, Sol would not have entered into the transaction, which was intended to allow it to operate a café; and would not have paid the consideration in the transaction in the amount of ILS 1,186,000.
The evidence presented proved that about 7 months prior to the signing of the agreements between the Rothschild Café Partnership and Sol, Liel Premium purchased the first floor, in a tax appeal from Moshe Zilberberg and his partners, where the toilets and warehouse were located.
Prior to the signing of the transaction with Sol, the partnership did not have a lease agreement with Liel Premium in a tax appeal regarding the use of the services and the warehouse on the first floor of the building. Prior to signing the deal with Sol, Liel Premium did not give consent to Yakubov that the café would use the toilets and warehouse on the first floor.
Moreover, in a tax appeal, Liel Premium undertook the Maccabi Foundation in clause 13 of the lease agreement signed between them, about 3.5 months prior to the drafting of the agreements between the partnership and Sol, to refrain from allowing the café to use the areas on the first floor, as demanded by the Maccabi Foundation.
The reasons for this determination are as follows: