Court Enforces Eviction at Yeongjongdo 'Sky72' Golf Course... Clashes with Tenants

[Asia Economy Reporter Park Hyesook] The court took enforcement action on the 17th against the existing operator who did not return the 'Sky72' golf course land to Incheon International Airport Corporation.

The Incheon District Court Enforcement Office began compulsory execution for land delivery at the 'Sky72 Golf Club' in Yeongjongdo, Jung-gu, Incheon, around 8 a.m. that day.

However, facility tenants operating restaurants and other businesses inside the golf course resisted the enforcement by employing about 500 security company workers. During this process, fire extinguishers were sprayed, and loud shouting and swearing were exchanged.

The security company workers wore vests with phrases such as 'Demand Investigation into Left-wing Government Bid Corruption' and 'Immediately Stop Illegal Execution by Co-occupants,' and some guarded the main gate holding light batons and fire extinguishers. They also blocked the entrance with construction equipment and water trucks.

A court enforcement officer said, "Since the plaintiff won the lawsuit, the debtor should rightfully hand over the (golf course) land to the plaintiff," adding, "We came to carry out the delivery execution, and the tenants' legitimate possession rights will be protected."

On the other hand, Lee Seonghee, a lawyer from Cheongo Law Firm representing the tenants, argued, "It is unreasonable to carry out forced execution just because the ownership of the golf course has changed," and "The new operator said they would take over employment, but there has been no actual contact from the operator or Incheon International Airport Corporation."

On the morning of the 17th, in front of Sky72 Golf & Resort in Jung-gu, Incheon, officials from the Incheon District Court Enforcement Office attempting to carry out a forced eviction clashed with employees of the tenant's business trying to prevent it.
[Photo by Yonhap News]

Earlier, 16 companies operating golf academies, restaurants, convenience stores, and other facilities within the Sky72 golf course filed a third-party objection lawsuit against Incheon International Airport Corporation at the Incheon District Court on December 26 last year, requesting that their occupied facilities be excluded from the enforcement target.

This enforcement action is a follow-up measure after the Supreme Court's final ruling last December in favor of Incheon Airport Corporation in the appeal case against the existing golf course operator, Sky72 Co., Ltd., regarding 'real estate delivery and others.'

With the Supreme Court's decision finalized, Sky72 was supposed to hand over the golf course land to Incheon Airport Corporation but had not complied until recently. Sky72's position is that they cannot transfer the golf course land until the results of the prosecution's investigation into the selection of the successor operator are released.

The existing operator, Sky72, has been operating the golf course and clubhouse since 2005 by leasing land owned by Incheon Airport Corporation, which was planned for the construction of the 5th runway at Incheon Airport.

Incheon Airport Corporation and Sky72 set the contract termination date as December 31, 2020, when the 5th runway would be constructed, but the construction was delayed, leading to over two years of legal disputes.

The airport corporation demanded Sky72 vacate the premises, stating the contract period had ended, and notified them to hand over all golf course facilities, including the turf and clubhouse. Subsequently, a public bidding process was held to select a new golf course operator, and 'KMH Shilla Leisure' (now KX Group) was chosen as the new operator.

Following this, in January last year, the airport corporation filed a lawsuit against the operator demanding land return and ownership transfer, while Sky72 countered by filing a lawsuit seeking reimbursement for the costs invested in the facilities (useful expenses) during their lease of the golf course land.

The first and second trials ruled in favor of Incheon Airport Corporation, dismissing Sky72's claim for useful expenses. The Supreme Court accepted these rulings and confirmed Incheon Airport's victory last December.

Sky72 continued operating the golf course during the legal dispute and reportedly achieved its highest performance since opening in 2005, with sales of 92.3 billion KRW and operating profit of 21.2 billion KRW last year.

Meanwhile, the Supreme Prosecutors' Office ordered the Incheon District Prosecutors' Office in September last year to reinvestigate allegations of breach of duty by Incheon Airport management during the bidding process for selecting the new Sky72 operator.

Sky72 Golf Course
[Photo by Sky72]