"Transfer Sky72 Golf Course Land and Buildings"… Incheon Airport Corporation Wins Again in Second Trial

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

[Asia Economy Reporter Kim Daehyun] Incheon International Airport Corporation won again in the second trial in a legal dispute with the operator of Sky72 Golf Course near Incheon Airport over the golf course land and ownership rights.

On the 29th at 2 p.m., the Administrative Division 8-1 of the Seoul High Court (Presiding Judges Lee Wanhui, Shin Jongoh, Shin Yongho) ruled in favor of the plaintiff, the corporation, in the appeal trial of the real estate delivery lawsuit filed against Sky72, just as in the first trial. The counterclaim filed by Sky72 against the corporation demanding "payment of beneficial expenses, etc." was also dismissed.

Previously, since July 2002, the Sky72 operator had been running a golf course by leasing land located in Jung-gu, Incheon from the corporation. Although the lease contract expired on December 31, 2020, Sky72 continued operations while claiming ownership of the golf course facilities and beneficial expenses, leading to a legal dispute with the corporation.

The 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. Sky72 countered with a "lawsuit demanding payment of beneficial expenses" and a "lawsuit to confirm the obligation to negotiate" related to the extension of the land use period.

In January last year, the corporation filed a lawsuit against the operator demanding the return of the land and transfer of ownership. The first trial ruled in favor of the corporation in July of the same year. At that time, the court stated, "It is recognized that the land use period has ended as stipulated in the private investment development project implementation agreement," and ruled, "The defendant shall deliver the land and buildings to the plaintiff and proceed with the registration procedure for the transfer of ownership with a time condition."

The first trial court also added, "The contents of the agreement cannot be considered disadvantageous to the defendant, and it is reasonable to view that the beneficial expenses have already been compensated or waived according to the agreement." Regarding the 'lawsuit to confirm the obligation to negotiate' filed by Sky72 against the corporation, the court dismissed it, stating, "It corresponds to the basis or grounds of the claims made in the preceding real estate delivery (eviction lawsuit) and other cases, so there is no independent interest to seek confirmation."

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