임대차의 귀추 : 건물 멸실의 개념을 중심으로

秋山靖浩(Yasuhiro Akiyama),강대옥(Kang, Daeok),김원호(Kim, Wonho) 전남대학교 법학연구소 2012 법학논총 Vol.32 No.2

오늘날 우리나라에 폭우, 폭설 등의 이상 기후로 인한 재해피해가 날로 심해지고 있다. 이러한 재해는 경제적 피해뿐만 아니라 다양한 법률적 문제를 야기하고 있다. 이러한 다양한 법률문제 중 특히 임대차의 대상이 되고 있는 건물의 경우 임대차계약의 여부가 어떻게 될 것인가는 다양한 접근이 필요로 하는 문제이다. 물론 건물이 전부 멸실되는 경우 임대차계약은 종료될 것이다. 그러나 문제는 임차한 건물이 잔존하고 있는 경우 문제가 발생하게 된다. 예들 들면, 임차한 건물의 일부가 멸실한 경우 임대차계약을 종료하여야 하는가 또는 건물의 1층 부분이 임대차의 대상으로 2층은 멸실하였지만, 1층 부분은 잔존하고 있는 경우 임대차계약의 종료로 하여야 하는지 등의 문제가 발생하게 된다. 임차인이 계약의 목적을 달성할 수 없다고 판단되면 당연히 종료되겠지만, 반대로 임대인이 건물의 명도를 요구하면서 임대차계약을 종료하려고 하지만, 임차인이 계약을 유지하려고 하는 경우도 발생될 수 있다. 이러한 경우 물리적인 소실 측면만 가지고 멸실의 유무를 판단하는 것은 가능하지 않고, 건물로서의 효용을 상실하였는가의 측면이 중요한 의미를 가질 것이다. 이에 대해 우리나라의 경우 손해배상의 판례는 몇 건이 존재하지만, 아직까지 건물의 멸실 기준에 대한 판례는 존재하고 있지 않다. 따라서 본 역서를 중심으로 일본의 판례는 어떠한 기준을 가지고 멸실 기준을 생각하고 있는지를 고찰해 보기로 한다. Today, the damage of a disaster is rising due to abnormal climate such as heavy rain and heavy snow in Korea. Then, various economic harm and legal problems continue to occur. Especially, in the case of a building for lease, it requires various approaches to whether or not the lease contract is going on. Of course, if whole building is destroyed, the lease contract will be terminated. However, the problem is raised in the condition when parts of the rented building are destroyed. For example, if parts of the rented building are destroyed, whether or not the lease contract has to be terminated, or while the second floor is destroyed in the condition when the first floor of the building is for lease, if the first floor rests, it would be happened whether or not the rental contract has to be terminated. While a tenant decides not to accomplish the purpose of a lease contract, it will be terminated, on the other hand, while a leaseholder asks to evacuate for terminating a lease contract, it may be happened that a tenant tries to maintain a lease contract. In this case, it is not possible to understand whether or not the building loss on the side of the physical loss only, it has an important meaning on the side of whether or not the build has an effect as a building. For this, there are some precedents for damages in Korea, but there are no precedents for the building loss yet. Therefore, this study considers that the precedents in Japan have which standards they use for deciding a building loss focused on this translation.

Analysis of Ocean Wave Around Japan using JERS-1/SAR Data

Akiyama, Masatoshi,Zhao, Chao Fang,Sugimori, Yasuhiro 대한원격탐사학회 1995 International Symposium on Remote Sensing Vol.11 No.1

The JERS-1 synthetic aperture radar(SAR) images of the ocean surface are processed and validated with Japan Meteorological Agency(JMA) buoy stations' data in this study. In spite of the low transmission power making the low signal-to-noise ratio of JERS-11SAR data, the result how the possibility to detect ocean wave in high ocean state(Hs$gt;2m).The relation between the wave length derived from JERS-11SAR data and the significant wave period from JMA buoy is consistent with dispersion relation in deep sea.

Investigation of Relation between EFTB Test and RF Conductive Immunity Test Using BER and Baseband Signal

Nobuo Kuwabara,Yasuhiro Irie,Norihito Hirasawa,Yoshiharu Akiyama 한국전자파학회JEES 2011 Journal of Electromagnetic Engineering and Science Vol.11 No.4

High-speed telecommunication systems are influenced by electromagnetic environments because they need a wide bandwidth to transmit signals. Immunity tests of telecommunication equipment are effective for improving its immunity to electromagnetic environments. However, immunity tests are expensive to carry out because there are several different tests. The correlation among the tests should therefore be examined in order to reduce the kinds of tests that are necessary. This paper investigates the correlation between the electrical fast transient/burst (EFTB) test and the radio frequency (RF) conductive immunity test. Imitation equipment was constructed with a balun, and a baseband signal was transmitted from the associated equipment to the imitation equipment. Then, disturbances were applied to the equipment, and the telecommunication quality was evaluated by using the bit error rate (BER). The results from the EFTB test indicated that the BER was less than 6×10<SUP>?5</SUP> and the value was independent of the peak value. The results from the RF conductive immunity test indicated that the BER was affected by the longitudinal conversion loss (LCL).

Validation of trip-induction system on a treadmill by comparison with a walking lane

Hazuki Miyata,Akiyama Yasuhiro,Yoji Yamada,Shogo Okamoto 제어로봇시스템학회 2019 제어로봇시스템학회 국제학술대회 논문집 Vol.2019 No.10

Trip-related falls, which account for a significant portion of falls by the elderly, often result in serious injury. A method to evaluate fall risk accurately will be increasingly required in the aging society. For this purpose, it is necessary to analyze the natural reaction motion against tripping. We therefore developed a device and method to induce tripping at an arbitrary time during walking on a treadmill. To evaluate the validity of that method, another experiment that induced tripping on a walking lane was conducted. The reaction motions in the two environments were then compared. In this study, we focused on the difference in the preferred walking speed between the ground and the treadmill. The results suggest that the joint patterns during the reaction motion become similar when the subjective velocities, not the physical velocities, become the same for the subject, whereas physical parameters such as the trajectory of the center of mass become similar when the physical velocities match. These results help to understand the reaction motion against tripping and to reproduce the natural reaction motion on the treadmill.

Climatological Estimation of Sea Surface CO2 Partial Pressure in the North Pacific Oceans by Satellite data

Osawa, Takahiro,Akiyama, Masatoshi,Sugimori, Yasuhiro 대한원격탐사학회 1999 International Symposium on Remote Sensing Vol.15 No.1

As one of the key parameters to determine CO₂ flux between air - sea interface, it is quite important to know pCO₂, which has involved much uncertainty, mainly due to the complex variations of sea surface pCO₂and the paucity of samples, made in ocean. In order to improve the interrelationship between partial pressure (pCO₂) and different physical and biochemical parameters in global sea surface water, a new empirical relation is established to correlate and parameterize pCO₂ in the mixed layer using the data from recent WOCE cruises. Meanwhile, by new empirical relation, abundant historical hydrographic and nutrients ship data, Levitus data set and NOAA/AVHRR(SST), pCO₂have been accumulated and applied. Then effort has to be made for promotion of this study to correlate and parameterize pCO₂in the mixed Layer with different physical and biochemical parameters, and further attribute this huge historical data sets and NOAA/AVHRR(SST) data to estimate pCO₂. In this paper we analyzed more interrelationship between the model and ship/satellite data set. Finally, the inter-annual variations of pCO₂ in sea are presented and discussed.

Estimation of Seasonal Partial Pressure CO2 in NW Pacific Ocean by Ship and Satellite Data

Chen, Rui,Akiyama, Masatoshi,Sugimori, Yasuhiro 대한원격탐사학회 1997 International Symposium on Remote Sensing Vol.13 No.1

Determination of seasonal and high resolution partial pressure CO₂(pCO₂) in surface seawater is one of the most challenging problems to estimate CO₂ flux between air-sea interface. A new empirical relation between pCO₂ and different physical and geochemical parameters in surface ocean has been established from recent WOCE cruises and tested in Northwest Pacific Ocean(100-150。E, 0-50。N). Compared with previous field investigations, they show a good agreement in tropical ocean and subtropical gyres throughout the year, as well as the temperate waters in the summer season. The mean value of pCO₂ is well simulated using Levitus data, and its temporal and spatial variation are found to be dominantly controlled by sea surface temperature, which implys a combination of operational A VHRR dataset may produce high resolution of pCO₂ and its seasonal variations in the study area In winter season when intense up welling occurs in the subarctic regions a systematic underestimate of about 74uatm is found for the proposed parameterization method, mainly attributed to the deep water rich in nutrients and tCO₂ accumulated through biological bump. Correcting fir this bias, the calculated pCO₂ coincides well with the historical investigations. Further effort is needed for modelling in areas where upwelling is active in winter season, especially linked with remotely sensed data, e.g. CZCS data and newly collected data stream from OCTS and Sea WiFS.

Investigation into Hand Impact Force During Forward Falls on Uneven Terrain

Saeed Abdolshah,Nader Rajaei,Yasuhiro Akiyama,Yoji Yamada,Shogo Okamoto 한국정밀공학회 2020 International Journal of Precision Engineering and Vol.21 No.3

Outdoor falls predominantly occur because of environmental factors, such as tripping caused by uneven terrain; as a result, the faller may land on an uneven surface. Forward falls are among the most frequent causes of fractures. Previous investigations concentrated on the evaluation of impact forces acting on the hand/wrist on even terrains; however, further studies are necessary to evaluate the impact force during forward falls on uneven surfaces, which may occur frequently in daily activities. This study investigated the distal/proximal hand impact force during forward falls on even/uneven terrain. A series of fall experiments in which the distal and proximal areas of the hand contacted the ground simultaneously (even surface) or at different times (uneven surface) was conducted. The results showed that the magnitude of the peak impact forces acting on the distal and proximal areas are strongly associated with the terrain shape and the contact timing. Although in all experiments, a significant portion of the impact force was exerted on the proximal area of the hand, the earlier distal-ground contact reduced the peak proximal impact force significantly. The results of this study are beneficial for finding strategies to reduce fall-related injuries and the design of protective gloves and wrist guards to satisfy fracture prevention requirements.

CO_2_ EXCHANGE COEFFICIENT IN THE WORLD OCEAN USING SATELLITE DATA

Osawa, Takahiro,Masatoshi, Akiyama,Jun, Suwa,Sugimori, Yasuhiro,Chen, Rui 대한원격탐사학회 1998 International Symposium on Remote Sensing Vol.14 No.1

CO2 transfer velocity is one of the key parameters for CO2 flux estimation at air - sea interface. However, current studies show that significant inconsistency still exists in its estimation when using different models and remotely sensed data sets, which acts as one of the main uncertainties involved in the computation of CO2 exchange coefficient between air - sea interface. In this study, wind data collected from SSM/I and scatterometer onboard ERS-1, in conjunction with operational NOAA/AVHRR, are applied to different models for calculating CO2 exchange coefficient in the world ocean. Their interrelationship and discrepancies inherent with different models and satellite data are analyzed. Finally, the seasonal and inter-annual variation of CO2 exchanges coefficient for different ocean basins are presented and discussed.

Effect of the relative rotation axis position of the stretching machine and ankle

Yuma SHIRAISHI,Shogo OKAMOTO,Naomi YAMADA,Koki INOUE,Yasuhiro AKIYAMA,Yoji YAMADA 제어로봇시스템학회 2019 제어로봇시스템학회 국제학술대회 논문집 Vol.2019 No.10

At the onset of a stroke, paralysis of the lower leg typically causes a foot deformity called the foot drop. Stretching is an effective technique for physical therapy. An automated stretching machine provides the option to incorporate long-term stretching at home. We have remodeled a commercial foot exerciser to function as a stretching machine for ankle dorsiflexion [1]. It is believed that the rotation axis of such machines should be aligned with the biomechanical axis of the human body, which is the design principle our prototype is based on. However, there have been no studies that have investigated the best position of the axis required to achieve effective stretching. In this study, we evaluated several positions of the machine’s rotation axis in the sagittal plane with respect to the stretching effect and physical burden (safety). The force applied on the foot and ankle dorsiflexion angle were measured during the stretching experiments. We computed the work involved in ankle dorsiflexion and the force not contributing to the dorsiflexion movement, which served as indicators for the stretching effect and potential physical burden, respectively. It was found that the best position of the machine’s rotation axis can be above the ankle.