혼인 중 증가한 재산의 분할 ―고유재산의 증가분을 중심으로―

Abstract

When a couple divorces, the division of property acquired during mar- riage is the biggest subject of dispute in the divorce process. Recently, as the price of real estate, especially apartment, increases, there seems to be a lot of controversy about how to divide it in the case of divorce. In this article, in the division of proprietary property that one of the spouses owned before marriage, but is judged to be subject to division of property at the time of divorce, it was examined whether the increased value during marriage should be divided. When it comes to division of premarital property, it is important to know what requirements should be met for the property of one of the spouses to be divided and, if so, what criteria should be followed for division. However, the discussion so far has generally regarded proprietary property as a part of peculiar property and considered it to be subject to division in divorce. In this regard, I take the position that premarital property should not be divided, but that an increase in premarital property should be divided. This is because it was believed that the owner of the original property could retain the increased value because the increase in the original property was preserved as the property of one of the spouses through cooperation during marriage. In addition, they take the position that even if an increase in the value of premarital property is made due to changes in economic conditions without the contribution of the couple, it should be subject to division.