Court Announces Forced Execution of Sky72 Golf Course
Incheon District Court Scheduled to Enforce Land Delivery on the 17th
The court will soon proceed with the forced execution of land delivery against the operator of the Sky72 Golf Course on Yeongjongdo Island, Incheon.
According to Incheon International Airport Corporation on the 14th, the Incheon District Court has notified the corporation that it will carry out a forced execution to return the Sky72 Golf Course site to Incheon International Airport Corporation on the 17th. The court had initially warned that if the golf course site was not returned to the corporation by December 29 last year, forced execution would be carried out and the costs would be borne by Sky72. This action follows the final victory of Incheon International Airport Corporation in the Supreme Court regarding the lawsuit for land delivery against Sky72 Golf Course.
However, Sky72 maintains the position that land delivery is difficult until the results of the prosecution's investigation related to the selection of the golf course operator are released, and continues to accept golf course reservations. Tenants of facilities within Sky72 reportedly installed barbed wire around the golf course to prevent accidents such as clashes ahead of the forced execution. A representative of Incheon International Airport Corporation explained, "We understand that the forced execution will take place on the 17th, but we have not been notified of the specific schedule."
Incheon International Airport Corporation and Sky72 Golf Course have been engaged in legal battles for the past two years. Sky72 Golf Course leased land located in Jung-gu, Incheon, from Incheon International Airport Corporation in 2002, which was planned for the construction of the 5th runway, and developed and operated the golf course and clubhouse. At the time of the implementation agreement, both parties set the contract termination date as December 31, 2020, when the 5th runway would be constructed.
The problem arose as the construction of the 5th runway was delayed beyond the schedule. Incheon International Airport Corporation demanded that Sky72 Golf Course vacate the premises, stating that the contract period ended on December 31, 2020, and notified them to hand over all golf course facilities, including the turf and clubhouse. The KMH Shilla Leisure consortium was selected as the new operator of the golf course.
Sky72 Golf Course argued that the contract expiration was based on the premise of the 5th runway construction, so the contract period had not yet ended. In January last year, Incheon International Airport Corporation filed a lawsuit against the operator requesting land return and ownership transfer. Sky72 Golf Course filed a counterclaim seeking reimbursement for the costs invested in the facilities during their lease of the golf course site.
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The first and second trials accepted Incheon International Airport Corporation's claim. The courts held that it was reasonable to consider that the land use period of Sky72 Golf Course had ended according to the original agreement between the parties. Sky72 Golf Course's claim for reimbursement of beneficial expenses was dismissed, stating that "if recognized, it would allow recovery of costs far exceeding the original investment." The Supreme Court agreed with the judgments up to the second trial and confirmed the victory of Incheon International Airport Corporation.
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