We only have 200,000 and that's only because the community have found them. Kobayashi has no idea and does nothing in this point. I'm sure, if people does not have reveal the cause, the 200,000 would have been "disappeared" too.
Where did you get that from? Mark himself claimed that he found the 220'000 BTC in an old-format wallet, after filing for bankruptcy. Whether he had really forgotten about them is an open question, but AFAIK it was him who "found" them and told the court about them. Kobayashi had them transferred to an address that he controls (it says so in the papers given out at the last meeting).