não acho que seja mais justo
o justo seria devolver em BTC, o que era originalmente.
Não dá pra especular quem teria vendido e quem não, e o Mercado bitcoin atualmente teria cacife para pagar de toda forma e corrigir esse problema criado por eles mesmos.

Found an interesting article today coming from Spain, it says that someone contracted a debt with another private party, it was a simple two-guy debt setting without a legal agreement other than Whatsapp messages. "I need X amount of money, I will pay you back". The creditor accepted and so sent 0.58 BTC to this guy which eventually refused to pay back. What's interesting is that for the first time ever the judge said the debt plus interest must be paid back in Bitcoin, not the fiat currency (EUR in Spain). Due counterparty risk, he will have to pay more since by the time the agreement happened the price of Bitcoin was cheaper, specifically, 14.000€ at current rate, 5.900€ back then. It's one of those things, you may take advantage of the fluctuating price or you may have to pay more. At the end of the day this is positive for BTC since it is being considered as a viable way to settle debts between private parties by authorities, which always translates into better regulation and in general being looked like less of a dodgy guy when you liquidate it into a bank deposit.

Source: https://es.investing.com/news/cryptocurrency-news/juzgado-en-espana-ordena-devolucion-de-prestamo-en-bitcoin-no-en-euros-2401286