"Sky72, Ownership Transfer Required"…Incheon Airport Corp Wins Golf Course Eviction Lawsuit (Comprehensive)

Airport Corporation "Warning Against Waste of Social Costs"
Sky72 "Regret Hasty Judgment" Plans to Appeal

Kim Kyung-wook, President of Incheon International Airport Corporation, and other corporation officials are holding a press conference condemning the unauthorized occupation of the Sky72 Golf Course at the entrance to the Sea Course in Yeongjongdo, Incheon, shouting slogans. 2021.4.1 / Yeongjongdo Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Park Hyesook] In the lawsuit between Incheon International Airport Corporation and the golf course operator surrounding the 'Sky72' golf course on Yeongjongdo Island, Incheon, the airport corporation won the case.

The Administrative Division 1-1 of the Incheon District Court (Presiding Judge Yang Jijeong) ruled on the 22nd in favor of the plaintiff, Incheon Airport Corporation, in the 'eviction lawsuit' seeking the transfer (registration) of ownership of buildings and facilities such as the clubhouse of Sky72 Golf & Resort (Sky72) against the golf course operator.

The court also dismissed the 'confirmation of negotiation obligation lawsuit' filed by Sky72 against the airport corporation regarding contract renewal.

Sky72, which has been operating the golf course by leasing land from Incheon Airport Corporation since July 2002, had its lease contract expire on December 31 of last year but continued operations while claiming ownership of the golf course facilities and reimbursement for improvements, leading to legal disputes with the corporation.

The airport corporation filed a lawsuit claiming that Sky72 was occupying the golf course land without permission and demanded the return of the land and transfer of ownership, while Sky72 countered with a 'claim for reimbursement of improvements' and a 'confirmation of negotiation obligation lawsuit' related to the extension of land use period.

The court stated, "According to the private investment development project agreement on the land made between the plaintiff and the defendant, it is recognized that the land use period ended on December 31, 2020," and ordered, "The defendant shall deliver the land and buildings to the plaintiff and complete the registration procedure for the transfer of ownership with a time condition."

Furthermore, the court judged, "This agreement differs in nature from a lease contract under civil law, so claims for purchase of structures on the land or reimbursement for improvements under civil law are difficult to recognize," and added, "The content of the agreement cannot be seen as unfavorable to the defendant, and it is reasonable to consider that the reimbursement for improvements has already been compensated or waived according to the agreement."

Regarding the 'confirmation of negotiation obligation lawsuit' filed by Sky72 claiming that the airport corporation failed to fulfill its obligation to negotiate for contract extension, the court dismissed it, stating, "It is based on the grounds or foundation of the claims made in the preceding real estate delivery (eviction lawsuit) and related cases, so there is no independent interest to seek confirmation through a separate lawsuit."

A view of the 18th hole on the Haneul Course at Sky72 Golf Club.

Incheon Airport Corporation welcomed the court's decision, stating, "It reconfirms that the land use period stipulated in the agreement between the corporation and Sky72 ended definitively without renewal or extension, and that Sky72's claims for purchase rights of structures on the land and lien rights were waived."

Kim Kyungwook, president of the corporation, said, "The court's swift judgment sounded a warning against the serious social cost waste caused by disputes arising from the operator's arbitrary claims not based on the agreement," and added, "Since the succeeding operator has promised complete employment succession, we hope Sky72 will fulfill its smooth handover obligations based on this ruling."

Meanwhile, Sky72 expressed regret over the ruling and announced, "We will appeal."

Sky72 stated, "The lawsuit was abruptly concluded just two months after the start of the trial dates, and we did not have sufficient opportunity for argument," and argued, "Considering the amount involved in the lawsuit, the process was very unusual, and it is difficult to accept that the court hastily concluded the trial while leaving doubts about the procedural progress."

This content was produced with the assistance of AI translation services.