As to the division of responsibility between them, it has already been ruled that the tests for the division of responsibility between wrongdoers jointly are tests of guilt, or moral guilt or justice and honesty (see Civil Appeal 477/85 Ephraim Boaron v. Municipality of Netanya et al. [Nevo] (March 28, 1988), Civil Appeal 7008/09 Jaber Adnan Abd al-Rahim v. Musbah Abd al-Qader et al. [Nevo] (September 7, 2010).
In the circumstances of the case before us, and in view of the fact that the two defendants knew positively, prior to the drafting of the sale agreement, that the apartment does not have a building permit and that it is an opaque space, I determine that their liability for the damage caused to the plaintiff is to an equal extent.
- Conclusion
In light of all of the above, I hereby decide to accept the claim against the two defendants, and oblige them, jointly and severally, to pay the plaintiff the sum of ILS 618,049 together with linkage differences and interest as required by law from today until the full payment is actually made.
- In addition, the defendants will pay, jointly and severally, to the plaintiff, a court fee, as well as the appraiser's fees in the sum of ILS 4,095 against the presentation of a receipt, as well as attorney's fees in the sum of ILS 40,000, all together with linkage differences and interest in accordance with the law from today until the actual full payment.
Given today, January 07, 2025, in the absence of the parties.