The case holding that the requirement of self-defense does not constitute an infringement of an unreasonable legal interest.

Even if a claim in a lawsuit was a wrongful assertion, it cannot be viewed that it constitutes an infringement of unfair legal interests, which is the requirement of self-defense.

Article 21 of the Criminal Act

Defendant

Busan District Court Decision 70No3552 delivered on March 17, 1971

The appeal is dismissed.

The grounds of appeal by the defendant are health;

According to the decision of the court below, the non-indicted 2 asserted the sole ownership of the forest land in the name of 7 persons such as the fleet, etc. on the registry, and filed a lawsuit against the heir of the defendant et al. on the ground of the cancellation of the trust, and the defendant is involved in the lawsuit as a representative of some defendants holding concurrent office and the remaining defendant 7 are involved in the lawsuit as proxy of the defendant et al. on the ground of the cancellation of the trust, and the defendant was promised to transfer part of the forest land to the non-indicted as a consideration for approving the non-indicted's sole inherited property in the process of the lawsuit as a result of service by public notice where his address is unknown as the non-indicted et al. on the registry, and the remaining favorable judgment of the court below which led to the confession of the plaintiff's assertion that the non-indicted 3 did not want to perform this agreement on the date of pleading, but thereafter the non-indicted 1 did not want to submit each petition of appeal under his name by forging the above 7 seal. Accordingly, even if the non-indicted's claim in fact was unjustly asserted, it cannot be justified.

Therefore, on the basis of the opposite position, it is not possible to adopt any question or adopt the original judgment, citing the reasons such as the theory of self-defense or insufficient deliberation.

Therefore, this appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng