The expert further emphasized that complying with the defendants' demands will reduce the entrepreneurial profit to non-economic levels: Thus, according to the details, increasing the areas for all the owners according to the building permits will reduce the profit to 10.8%; granting an additional 5 square meters only to the original apartments will reduce the profit to 14.6%; and the combination of the two requirements will reduce the profit to only 9.2% and thwart the project.
- Clarification Questions and Expert Answers
The parties referred clarification questions to the expert, which he answered on March 2,2026, as detailed below:
On behalf of the defendants, a question was asked regarding the equivalent coefficient that is appropriate for the building rights from the appraiser's perspective only. It was further noted by the defendants that according to the opinion, the additional area for unused building rights is only 8 square meters (coefficient of 0.32). In response to this question, the expert clarified that the application of a coefficient of 0.44 regardless of the concrete circumstances is unreasonable in the circumstances of the case. As to this, the expert reiterated that the small apartments receive a total of an additional area of 10 square meters in contrast to the large apartments that receive an additional area of 1.7 square meters, and in his opinion, in the project's data, there is no reason to give in exchange for additional space for the defendants' apartments beyond what has already been offered to them. It was further clarified that the proportional share of the additional area in the agreement, for the original apartments as opposed to the extended apartments, is 60% (18 square meters vs. 30) and changes in the case of the application of a coefficient of 0.44 on unused building rights to 66% = 23/35 square meters. It was further detailed that when the proportion of the proportional share in the addition of area is taken into account, in relation to the building permits, a rate of 10.4/12.1 square meters is obtained in relation to the original apartment, which varies in the case of applying a coefficient of 0.44 on the unused building rights to 90% = 15.4/17.1 square meters. In other words, even before the 0.44 coefficient was activated, the vast majority of the additional building rights were given for the expansion of the existing apartments, beyond the 0.44 coefficient, and the activation of the 0.44 coefficient only intensifies this component. In light of all this, the expert expressed his opinion that a coefficient of 0.44 in relation to the unused building rights would be reasonable if it had stood on its own, but not taking into account all the data of the apartments and the rights in the approved existing condition of the condominium.