... Preference should be given to an interpretation that realizes the same trend that clearly arises from the law and from the case law in the matter of the section before us. From all of this arises the requirement that the purchase of a property that will be used as a residential apartment be considered as the purchase of a 'residential apartment'.
The identity of the purchased property must be determined in accordance with its essence. In the case before us, we are not dealing with the purchase of a mere right in real estate, but rather with the purchase of a right in real estate to which a bundle of rights is attached that includes an undertaking to deliver a perfect apartment, which includes full specifications - 'up to the key'. The sellers protested to the appellants their rights against the developer, so that if the developer had not met his obligations and had not completed the construction, the appellants would have a right of claim against him.
A material examination of the property that was sold shows that it is in fact an 'apartment on paper'.
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The combination agreement included specifications according to which the developer undertook to build the apartments. After the purchase of the rights, the appellants were not required to complete and do anything in order to receive completed residential apartments... The receipt of the finished property - residential apartments whose construction was completed stemmed directly from the consolidation of rights and obligations transferred by the sellers to the appellants. Although there may be some differences, in essence and from the perspective of tax law, this undertaking to complete the construction is not fundamentally different from the undertaking of a building contractor at the time of the sale of an 'apartment on paper'. In both cases, from the perspective of the purchaser, the essence of the purchased property is ... a property in which there is a realistic potential in the eyes of a reasonable person to be used for residential purposes. This future use is the essence of the property that was transferred to the appellants by the sellers...