1. A method of deriving a merging candidate, the method comprising: decoding motion estimation region (MER) related information; determining whether a prediction object block and a spatial merging candidate block are included in same MER; and deciding the spatial merging candidate block as an unavailable merging candidate block if the prediction object block and the spatial merging candidate block are included in the same 1 c MERj '! 2. The method of claim 1, further comprising: f | if the prediction object block and the spatial merging candidate block are included in the I same MER, adaptively deciding a spatial merging candidate block according to a size of the I MER and a size of the prediction object block. { 3. The method of claim 2, wherein, if the size of the MER is 8x8 and the size of I the prediction object block is 8x4 or 4x8, at least one of spatial merging candidate blocks of the ^ . prediction object block is replaced with a block including a point located outside of the MER. j 4. The method of claim 1, further comprising: i { determining whether the spatial merging candidate block is included in an MER that is j not yet decoded. i \ 5. The method of claim 1, further comprising: i if the prediction object block and the spatial merging candidate block are included in the 29 j f ^ *• I I ] same MER, replacing the spatial merging candidate block with a block included in other MER. I 6. The method of claim 5, wherein the replaced spatial merging candidate block is j a spatial merging candidate block which is adaptively replaced to be included in an MER I different from the prediction object block according to a location of the spatial merging I candidate block included in the same MER. J ^. 1. The method of claim 1, wherein the MER related information is information S related to the size of the MER, and is transmitted in a picture unit. | 8. The method of claim 1, wherein the determining whether the prediction object i block and the spatial merging candidate block are included in the same MER is a step that determines whether the prediction object block and the spatial merging candidate block are 3 included in the same MER according to a determination equation based on location information { of the prediction object block, location information of the spatial merging candidate block, and size information of the MER. j 9. An video decoding apparatus comprising: I an entropy decoding module for decoding motion estimation region (MER) related I information; and a prediction module for determining whether a prediction object block and a spatial I merging candidate block are included in same MER, and deciding the spatial merging candidate I block as an unavailable merging candidate block if the prediction object block and the spatial ; merging candidate block are included in the same MER. | 30 j * * -

10. The video decoding apparatus of claim 9, wherein the prediction module , adaptively decides a spatial merging candidate block according to a size of the MER and a size \ of the prediction object block if the prediction object block and the spatial merging candidate •i | block are included in the same MER. 1 11. The video decoding apparatus of claim 10, wherein, if the size of the MER is i ^^ 8x8 and the size of the prediction object block is 8x4 or 4x8, the prediction module replaces at * least one of spatial merging candidate blocks of the prediction object block with a block 1 including a point located outside of the MER. I II i |

12. The video decoding apparatus of claim 9, wherein the prediction module 1 determines whether the spatial merging candidate block is included in an MER that is not yet S decoded. j I } j 13. The video decoding apparatus of claim 9, wherein, if the prediction object block © and the spatial merging candidate block are included in the same MER, the prediction module replaces the spatial merging candidate block with a block included in other MER. j 14. The video decoding apparatus of claim 13, wherein the replaced spatial merging -I j candidate block is a spatial merging candidate block which is adaptively replaced to be included j in an MER different from the prediction object block according to a location of the spatial 1 S merging candidate block included in the same MER. j 31 3 •f j 15. The video decoding apparatus of claim 9, wherein the MER related information I is information related to a size of the MER, and is transmitted in a picture unit. 1 j 16. The video decoding apparatus of claim 9, wherein the prediction module | determines whether the prediction object block and the spatial merging candidate block are { included in the same MER according to a determination equation based on location information ; of the prediction object block, location information of the spatial merging candidate block, and ! 0S: size information of the MER.

[Technical Field] j [0001] The present invention relates to a method of encoding and decoding video and, | more particularly, to a method of deriving a merge candidate block and an apparatus j using the same. I pic_parainetei_set_rbsp() { Descripo J ^. picparameter set id ue(\) l WK? seq parameterset id ue(v) j entropycoding modeflag u(l) | numtemporal layersw itching pointflags ue(v) I for( i = 0; i < mnn_tenipoial_Iayei_$witching_point_flags:i--) | temporallaverswitchingpointflagf i ] u(l) I num ref idx IOdefault activeminusl u?(v) 1 numrefidx 11 defaultactive minusl ue(v) i pic_init_qp_minus26 * rekitiveto 26 * se(v) l , \ constrained intrapred flag u(l) | shared pps infoenabledflag u(l) | if( shared_pps_info_enabled flag) I , 1 ifi[ adaptiveloopfiltereiiabled flag) | alf_param() j if( cu_qp_delta_enabled_flag) j i nia\_cu_qp_delta_depth u(4) ^ F log2_parallel_nierge_le\el_ininus2 ue(\) I rbsp_trailing_bits() i 1 | [00109] ' ' I [00110] Referring to Table 1, the size information of the MER may be obtained based on ] a syntax element log2_parallel_merge_level_minus2 included in a high level syntax I structure such as a picture parameter set. A syntax element j log2_parallel_merge_level_minus2 may also be included in a high level syntax structure ] other than the picture parameter set, and this exemplary embodiment is also included in j the claim scope of the present invention. I 22 j j '•5 - * m I [00111] I S [00112] Table 2 below describes a relationship between a value of log2_parallel_merge_level_minus2 and the size of the MER. [00113] J°22_paiiillel_inei2e level minus2 MER Remark size j 0 4x4 Sequential merge skip mode for all PUs in a LCU because minimum K size allowed bv HE\'C is 4x4 g j > • '- • 1 8x8 Parallel merge skip mode search I allowed for all PUs inside an 8x8 ? block | • 1 1 2 16x16 Parallel merge skip mode search \ allowed for all PUs inside a 16x16 ! J)lock • ; i .• i 3 32x32 Parallel merge skip mode search | allowed for all PUs inside a 32x32 i j Jlock 1 4 64x64 Parallel merge skip mode search \ allowed for all PUs inside a 64x64 \ m\ block ^ [00114] ' ' ' i ! [00115] Referring to Table 2, the value of log2_parallel_merge_level_minus2 may have \ a value from 0 to 4 inclusively, and the size of MER size may be specified differently i according to the value of the syntax element. When the MER is 0, it is the same as I performing the inter prediction using the merge mode without using the MER. [00116] The syntax element including the size information of the MER may be, in an j exemplary embodiment of the present invention, represented and used as the term "MER \ size information syntax element" and defining the MER size information syntax element j 23 j i i i i I as in Table 2 is an example and it is possible to specify the MER size using various I different methods and such a syntax element expression method is also included in the I claim scope of the present invention. I [00117] [00118] FIG. 6 is a conceptual view illustrating a method of determining whether a j spatial merging candidate block of the current block is available. 1 [00119] Referring to FIG. 6, based on locations of a prediction object block 600 and a spatial merging candidate block 650 neighboring to the prediction object block 600 and the MER size information syntax element, availability of the spatial merging candidate ^pt block may be determined. [00120] When it is assumed that (xP, yP) is a point at a left top of the prediction object block and (xN, yN) is a point at a left top of the merging candidate block, whether the spatial merging candidate block is available may be determined through the following j Math 1 and Math 2. [00121] (xP »(log2_panillel_inerge_level_minus2+2)) == (xN » ( l o g 2 parallel merge level miiius2+2)) j [00122] ' — " " "~ " ] [00123] (yP »(Iog2_paralleI_mergeJeveIjninus2+2)) • == (yN » ( l o g 2 parallel merge level mimis2+2)) [00124] " ~" [00125] The above Math 1 and the Math 2 are exemplary equations for determining ? whether the merging candidate block and the prediction object block are included in the } same MER. In addition, whether the merging candidate block and the prediction object \ block are included in the same MER may be determined by using a method other than the above determination method as long as it does not depart from the essence of the \ present invention. [00126] FIG. 7 is a flow chart illustrating a method of obtaining a spatial merging candidate block in a merge mode according to an exemplary embodiment of the present 24 j 3 1 *** m I j invention. j [00127] Referring to FIG. 7, the MER related information is decoded (step S700). ! [00128] The MER related information may be syntax element information, as described I above, and may be included in the high level syntax structure. Based on the decoded 1 MER related information, it may be determined whether the spatial merging candidate I 1 block and the prediction object block are included in the same MER or in different MERs. [00129] It is determined whether the spatial merging candidate block and the prediction I object block are included in the same MER (step S710). I [00130] According to an exemplary embodiment of the present invention, when the | ^P merging candidate block of the current block and the current block are included in the j same MER, the merging candidate block of the current block may be excluded and the I motion information of at least one block of different location from the merging i candidate block may be added as a merging candidate according to the size of the | j current block and the MER size (step S720). According to another exemplary I I embodiment of the present invention, when a spatial merging candidate block and the i prediction object block are included in the same MER, instead of using the spatial \ merging candidate block included in the MER as the merging candidate block, a block \ included in other MER with other location may replace the spatial merging candidate i I block to perform the inter prediction. j [00131] Also, in another exemplary embodiment, when a spatial merging candidate f block and the prediction object block are included in the same MER, the spatial merging candidate block included in the MER may not be used as the merging candidate block, J as described above. j [00132] When the spatial merging candidate block and the prediction candidate block j > are not included in the same MER, the inter prediction is performed based on a I corresponding spatial merging candidate block (step S730). i [00133] [00134] FIG. 8 is a flow chart illustrating a method of inter prediction using a merge mode according to an exemplary embodiment of the present invention. 1 i [00135] Referring to FIG. 8, the motion prediction related information is derived from i 25 i i I j the spatial merging candidate (step S800). [00136] The spatial merging candidate may be derived from the neighboring prediction unit of the prediction object block. In order to derive the spatial merging candidate, width and height information of the prediction unit, the MER information, singleMCLFlag information, and information on the location of partition may be provided. Based on the above input information, information (availableFlagN) about availability of the spatial merging candidate, reference picture information (refldxLO, j refldxLl), list utilization information (predFlagLON, predFlagLIN), and motion vector information (mvLON, mvLIN) may be derived according to a location of the spatial i merging candidate. The spatial merging candidate may be a plurality of blocks 1 ^p neighboring to the prediction object block. 1 [00137] According to an exemplary embodiment of the present invention, the spatial I merging candidate block may be classified into three as the follows: 1) a spatial merging i candidate block that is not included in the same MER and is already encoded or decoded, 1 j 2) a spatial merging candidate block that is included in the same MER, and 3) a spatial ! merging candidate block on which encoding and decoding has not yet been processed. [00138] According to an exemplary embodiment of the present invention, in order to I perform the inter prediction in parallel in unit of the MER, among the spatial merging | candidate blocks for performing the inter prediction, the spatial merging candidate block j that is not included in the same MER and is already encoded or decoded may be used as I the spatial merging candidate block. Further, the spatial merging candidate block which replaces a location of the spatial merging candidate block included in the same ^ P MER may be used as the spatial merging candidate block. In other words, according to | an exemplary embodiment of the present invention, when the merging candidate block j of the current block is included in the same MER as the current block, the merging I candidate block of the current block is excluded and the motion information of at least i one block of other location may be added as the merging candidate according to the size I of the current block and the MER size. As described above, a method of determining } the merging candidate block may be performed through a step of decoding MER \ (Motion Estimation Region) related information, a step of determining whether the I prediction object block and the merging candidate block are included in the same MER, i 26 | I'II j and a step of determining that the merging candidate block is unavailable for inter I prediction with merge mode when the merging candidate block and the prediction object block are included in the same MER. 1 [00139] According to another exemplary embodiment of the present invention, among l the spatial merging candidate blocks for performing the inter prediction, only the spatial | merging candidate block which is not included in the same MER and is already encoded \ or decoded may be used to perform the inter prediction. \ [00140] A reference picture index value of the temporal merging candidate is derived j (step S810). ! [00141] The reference picture index value of the temporal merging candidate is an index | ^P value of the Col picture including the temporal merging candidate (Col block) and may | be derived through a particular condition as below. For example, when a point at top | left of the prediction object block is (xP, yP), a width of the is nPSW, and a height of the I prediction object block is nPSH, the reference picture index value of the temporal ! merging candidate may be determined as the same value as the reference picture index j value of the neighboring prediction unit (hereinafter, referred to as "neighboring I prediction unit for deriving reference picture index") if 1) there is the neighboring j prediction unit of the prediction object block corresponding to a location (xP-1, yP+nPSH-1), 2) a partition index value of the neighboring prediction unit for deriving ! reference picture index is 0, 3) the neighboring prediction unit for deriving reference I picture index is not a block that performs the prediction using the intra prediction mode, \ and 4) the prediction object block and the neighboring prediction unit for deriving reference picture index are not included in the same MER(Motion Estimation Region). I If the above conditions are not satisfied, the reference picture index value of the 1 temporal merging candidate may be set to 0. [00142] The temporal merging candidate is determined and the motion prediction related l information is derived from the temporal merging candidate (step S820). j [00143] In order to determine the temporal merging candidate block (Col block) and derive the motion prediction related information based on the determined temporal merging candidate block (Col block), a location of the Col block which is used to derive a temporal prediction motion vector may be determined based on conditions such as, for j 27 I example, whether the Col block is available for the prediction object block, or where a 'i j location of the prediction object block is relative to the LCU (e.g., whether the location j of the prediction object block is located at a bottom boundary or a right boundary \ relative to the LCU). Through deriving the motion prediction related information I based on the determined reference picture information of the Col block and the motion I prediction vector information, the motion prediction related information may be derived 1 from the temporal merging candidate block (Col block). ) [00144] A merging candidate list is constructed (step S830). ! [00145] The merging candidate list may be constructed by including at least one of the I spatial merging candidate and the temporal merging candidate. The spatial merging I ^P candidate and the temporal merging candidate included in the merging candidate list i may be arranged with a fixed priority. I [00146] The merging candidate list may be constructed by including a fixed number of i | merging candidates. When merging candidates are deficient for generating the fixed number of the merging candidates, a merging candidate may be generated by combining the motion prediction related information of the merging candidate or the merging candidate list may be generated by adding a zero vector as the merging candidate. [00147] [00148] As described above, the above method of deriving the merging candidate may .: be used not only in the inter-frame prediction method using the merge mode but also in | the inter-frame prediction mode using the skip mode and this exemplary embodiment is I also included in the claim scope of the present invention. ^ [00149] [00150] While the present disclosure has been described with reference to exemplary embodiments thereof, it will be understood by those of ordinary skill in the art that various changes and modifications may be made therein without departing from the spirit and scope of the present invention as defined by the following claims. I 28 1 I j I/We Claim: 1. A method of deriving a merging candidate, the method comprising: decoding motion estimation region (MER) related information; determining whether a prediction object block and a spatial merging candidate block are included in same MER; and deciding the spatial merging candidate block as an unavailable merging candidate block if the prediction object block and the spatial merging candidate block are included in the same 1 c MERj '! 2. The method of claim 1, further comprising: f | if the prediction object block and the spatial merging candidate block are included in the I same MER, adaptively deciding a spatial merging candidate block according to a size of the I MER and a size of the prediction object block. { 3. The method of claim 2, wherein, if the size of the MER is 8x8 and the size of I the prediction object block is 8x4 or 4x8, at least one of spatial merging candidate blocks of the ^ . prediction object block is replaced with a block including a point located outside of the MER. j 4. The method of claim 1, further comprising: i { determining whether the spatial merging candidate block is included in an MER that is j not yet decoded. i \ 5. The method of claim 1, further comprising: i if the prediction object block and the spatial merging candidate block are included in the 29 j f ^ *• I I ] same MER, replacing the spatial merging candidate block with a block included in other MER. I 6. The method of claim 5, wherein the replaced spatial merging candidate block is j a spatial merging candidate block which is adaptively replaced to be included in an MER I different from the prediction object block according to a location of the spatial merging I candidate block included in the same MER. J ^. 1. The method of claim 1, wherein the MER related information is information S related to the size of the MER, and is transmitted in a picture unit. | 8. The method of claim 1, wherein the determining whether the prediction object i block and the spatial merging candidate block are included in the same MER is a step that determines whether the prediction object block and the spatial merging candidate block are 3 included in the same MER according to a determination equation based on location information { of the prediction object block, location information of the spatial merging candidate block, and size information of the MER. j 9. An video decoding apparatus comprising: I an entropy decoding module for decoding motion estimation region (MER) related I information; and a prediction module for determining whether a prediction object block and a spatial I merging candidate block are included in same MER, and deciding the spatial merging candidate I block as an unavailable merging candidate block if the prediction object block and the spatial ; merging candidate block are included in the same MER. | 30 j * * - 10. The video decoding apparatus of claim 9, wherein the prediction module , adaptively decides a spatial merging candidate block according to a size of the MER and a size \ of the prediction object block if the prediction object block and the spatial merging candidate •i | block are included in the same MER. 1 11. The video decoding apparatus of claim 10, wherein, if the size of the MER is i ^^ 8x8 and the size of the prediction object block is 8x4 or 4x8, the prediction module replaces at * least one of spatial merging candidate blocks of the prediction object block with a block 1 including a point located outside of the MER. I II i | 12. The video decoding apparatus of claim 9, wherein the prediction module 1 determines whether the spatial merging candidate block is included in an MER that is not yet S decoded. j I } j 13. The video decoding apparatus of claim 9, wherein, if the prediction object block © and the spatial merging candidate block are included in the same MER, the prediction module replaces the spatial merging candidate block with a block included in other MER. j 14. The video decoding apparatus of claim 13, wherein the replaced spatial merging -I j candidate block is a spatial merging candidate block which is adaptively replaced to be included j in an MER different from the prediction object block according to a location of the spatial 1 S merging candidate block included in the same MER. j 31 3 •f j 15. The video decoding apparatus of claim 9, wherein the MER related information I is information related to a size of the MER, and is transmitted in a picture unit. 1 j 16. The video decoding apparatus of claim 9, wherein the prediction module | determines whether the prediction object block and the spatial merging candidate block are { included in the same MER according to a determination equation based on location information ; of the prediction object block, location information of the spatial merging candidate block, and ! 0S: size information of the MER.