In response to the clarification questions, he further determined that the estimate of the appropriate rent is based on a net main area, in the scope of 228.49 square meters, and not on the gross area, in the scope of 262 square meters.
- I will now briefly address the status of the court's expert. It is a well-known rule that the status of an expert appointed by the court is special, and his findings will generally be adopted by the appointing court, unless there is a clear reason not to do so, such as: evidence to contradict or a real reason, or if there has been a gross error in the opinion to the extent that the court, which lacks expertise in this profession, It is found to be unfounded. However, the expert's conclusions never replace the court's conclusions, and the final decision is always left to the court, which decides according to the totality of the evidence before it and is entitled to extract parts of the expert's opinion on behalf of the court (see, for example: Civil Appeal 4179/17 More Insurance Agency (1989) in Tax Appeal v. Rubin (December 6, 2018); Civil Appeal Authority 3941/14 Mulaim v. Clalit Health Services (September 11, 2014); Civil Appeal Authority 7301/12, Ben Simon v. Clal Insurance Company in Tax Appeal (April 9, 2013); Civil Appeal 8361/10 Yosef v. Clal Insurance in Tax Appeal (May 29, 2011); Civil Appeal 558/96 Workers' Housing Company in Tax Appeal v. Rosenthal IsrSC 52(4) 563 (1998); Civil Appeal 2934/94 Solel Boneh in Tax Appeal v. Eitan (June 2, 1996)).
Thus, after reviewing the expert's opinion, the parties' opinion, the Tzipora skewers agreement, the opinion of the decisive expert, the expert's answers to the clarification questions on behalf of the defendant, his answers in the framework of his cross-examination, and after comparing the data reached by the expert also in relation to the Tzipora skewers agreement; As well as his distinction between the different periods of permits for the use of the store (for catering to a specific factory and for unlimited catering), and after I did not find room to intervene in the expert opinion, I accept it as is, without any change.