[Asia Economy Reporter Park Hyesook] As Incheon International Airport Corporation has begun legal disputes with the golf course operator 'Sky72,' whose land lease contract expired last year, it has separately requested Incheon City to cancel Sky72's registration as a sports facility business (golf course business).
According to Incheon City on the 20th, the Airport Corporation sent an official letter to the city on the 19th titled "Request for Review of Cancellation of Sports Facility Business Registration Due to Changes in Sky72 Golf Club Registration Requirements."
The Airport Corporation stated, "Article 19 of the Enforcement Rules of the Act on Installation and Use of Sports Facilities stipulates that to operate a sports facility on real estate owned by others, documents proving the right to use, such as a lease contract, must be submitted," adding, "Sky72's land use period under the agreement with Incheon Airport Corporation (lease contract) ended on December 31, 2020."
In other words, since Sky72 has lost the essential right to use the real estate necessary for golf course operation, it is considered grounds for cancellation of the sports facility business registration.
Also, according to Article 32 of the same law, if a sports facility operator does not register or report changes, the registration can be canceled. However, Sky72 Golf Course has not yet reported the termination of the lease contract to Incheon City.
An official from Incheon Airport Corporation expressed concern, "If Sky72's sports facility business registration is not canceled and maintained, the damage could directly affect third-party users."
In fact, in the case of Dream Golf Range golf practice coupons, if future business suspension occurs, compensation for unused portions would be difficult.
Furthermore, for international competitions such as the LPGA or group bookings, no organization would readily proceed with hosting events or group bookings under the uncertain continuation of the existing operator's business, so Incheon City should cancel Sky72's sports facility business registration to prevent confusion in advance.
However, Incheon City has taken an ambiguous stance on whether to cancel the golf course business registration, stating that since the Airport Corporation and Sky72 are currently in litigation over the land lease contract issue, it cannot take action first.
Earlier, on the 5th, Incheon Airport Corporation filed a lawsuit at the Incheon District Court against Sky72, which operates a golf course in the planned runway area, demanding the return of the land and transfer of golf course ownership.
The Airport Corporation also plans to file a damage compensation lawsuit and apply for provisional seizure of Sky72's accounts, claiming that Sky72 is unlawfully occupying the land and gaining unjust profits.
In response, Sky72 has stated that if the contract is not extended, it will counter-sue demanding compensation for golf course facilities (purchase of above-ground structures) and golf course construction costs (reimbursement of beneficial expenses).
Meanwhile, Incheon Airport Corporation selected KMH Shilla Leisure as the new operator to run the golf course last September, three months before Sky72's land use period expired.
However, as Sky72 continues to claim ownership of the golf course and clubhouse and occupies the golf course land, escalating into legal disputes, KMH Shilla Leisure is facing significant setbacks in preparing to operate the golf course.
A KMH Shilla Leisure official said, "Because Sky72 has not vacated, we have been unable to carry out facility renovations and various New Year marketing activities with local residents," adding, "We are considering injunctions to prohibit Sky72's business operations due to the reduced operating days and delays in golf course operation caused by Sky72."
Additionally, regarding Incheon City, the official added, "If actions such as cancellation of sports facility business registration are not promptly taken or are refused, we will pursue all possible legal measures, including administrative lawsuits."
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